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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Promotion Act is amended by |
5 | | changing Section 4a as follows:
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6 | | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
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7 | | Sec. 4a. Funds.
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8 | | (1) All moneys deposited in the Tourism Promotion Fund |
9 | | pursuant to this
subsection are allocated to the Department for |
10 | | utilization, as
appropriated, in the performance of its powers |
11 | | under Section 4; except that during fiscal year 2013, the |
12 | | Department shall reserve $9,800,000 of the total funds |
13 | | available for appropriation in the Tourism Promotion Fund for |
14 | | appropriation to the Historic Preservation Agency for the |
15 | | operation of the Abraham Lincoln Presidential Library and |
16 | | Museum and State historic sites.
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17 | | As soon as possible after the first day of each month, |
18 | | beginning July 1,
1997, upon certification of the Department of |
19 | | Revenue, the Comptroller shall
order transferred and the |
20 | | Treasurer shall transfer from the General Revenue
Fund to the |
21 | | Tourism Promotion Fund an amount equal to 13% of the net
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22 | | revenue realized from the Hotel Operators' Occupation Tax Act |
23 | | plus an amount
equal to 13% of the net revenue realized from |
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1 | | any tax imposed under
Section
4.05 of the Chicago World's |
2 | | Fair-1992 Authority Act during the preceding month.
"Net |
3 | | revenue realized for a month" means the revenue collected by |
4 | | the State
under that Act during the previous month less the |
5 | | amount paid out during that
same month as refunds to taxpayers |
6 | | for overpayment of liability under that
Act.
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7 | | (1.1) (Blank).
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8 | | (2) As soon as possible after the first day of each month,
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9 | | beginning July 1,
1997, upon certification of the Department of |
10 | | Revenue, the Comptroller shall
order transferred and the |
11 | | Treasurer shall transfer from the General Revenue
Fund to the |
12 | | Tourism
Promotion Fund an amount equal to 8% of the net revenue |
13 | | realized from the Hotel
Operators' Occupation Tax plus an |
14 | | amount equal to 8% of the net revenue
realized from any tax |
15 | | imposed under Section 4.05 of the Chicago World's
Fair-1992 |
16 | | Authority Act during the preceding month. "Net revenue realized |
17 | | for
a
month" means the revenue collected by the State under |
18 | | that Act during the
previous month less the amount paid out |
19 | | during that same month as refunds to
taxpayers for overpayment |
20 | | of liability under that Act.
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21 | | All monies deposited in the Tourism Promotion Fund under |
22 | | this
subsection (2) shall be used solely as provided in this |
23 | | subsection to
advertise and promote tourism throughout |
24 | | Illinois. Appropriations of monies
deposited in the Tourism |
25 | | Promotion Fund pursuant to this subsection (2)
shall be used |
26 | | solely for advertising to promote tourism, including but not
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1 | | limited to advertising production and direct advertisement |
2 | | costs, but shall
not be used to employ any additional staff, |
3 | | finance any individual event,
or lease, rent or purchase any |
4 | | physical facilities. The Department shall
coordinate its |
5 | | advertising under this subsection (2) with other public and
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6 | | private entities in the State engaged in similar promotion |
7 | | activities.
Print or electronic media production made pursuant |
8 | | to this subsection (2)
for advertising promotion shall not |
9 | | contain or include the physical
appearance of or reference to |
10 | | the name or position of any public officer.
"Public officer" |
11 | | means a person who is elected to office pursuant to
statute, or |
12 | | who is appointed to an office which is established, and the
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13 | | qualifications and duties of which are prescribed, by statute, |
14 | | to discharge
a public duty for the State or any of its |
15 | | political subdivisions. |
16 | | (2.5) The Department shall make grants from the Tourism |
17 | | Promotion Fund, or its successor fund, to a municipality in |
18 | | which a municipal convention center is located, or to a |
19 | | convention center authority, for the purpose of reimbursing the |
20 | | municipality or convention center authority for qualified |
21 | | incentives provided by a municipal convention center or |
22 | | convention center authority. For the purposes of this |
23 | | subsection, "municipal convention center" means a convention |
24 | | or civic center owned by a unit of local government, or a |
25 | | municipal convention hall as defined in paragraph (1) of |
26 | | Section 11-65-1 of the Illinois Municipal Code, with contiguous |
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1 | | exhibition space ranging between 40,000 and 125,000 square |
2 | | feet. For purposes of this subsection, "convention center |
3 | | authority" means an Authority as defined by the Civic Center |
4 | | Code with contiguous exhibition space ranging between 40,000 |
5 | | and 125,000 square feet. For the purposes of this subsection, |
6 | | "qualified incentive" means an incentive provided for a |
7 | | convention, meeting, or trade show that, but for the incentive, |
8 | | would not have occurred in the State or been retained in the |
9 | | State. |
10 | | No later than May 15 of each year, the municipality where a |
11 | | municipal convention center is located, or convention center |
12 | | authority, shall certify to the Department the amount of funds |
13 | | expended in the previous fiscal year to provide qualified |
14 | | incentives. Grants awarded under this subsection (2.5) may not |
15 | | exceed 80% of the certified incentive amount. Further, in no |
16 | | event may the aggregate amount of grants certified and awarded |
17 | | to a single municipal convention center or convention center |
18 | | authority under this subsection exceed $200,000 in any calendar |
19 | | year. The municipality or convention center authority shall |
20 | | also certify (A) the net proceeds received under the Hotel |
21 | | Operators' Occupation Tax Act for the renting, leasing, or |
22 | | letting of hotel rooms in the municipality for the month in |
23 | | which the convention, meeting, or trade show occurs and (B) the |
24 | | average of the net proceeds received under the Hotel Operators' |
25 | | Occupation Tax Act for the renting, leasing, or letting of |
26 | | hotel rooms in the municipality for the same month in the 5 |
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1 | | immediately preceding years. The Department may request that |
2 | | the Auditor General conduct an audit of the accuracy of the |
3 | | certification. |
4 | | If the Department determines by its process of |
5 | | certification that qualified incentive funds, in whole or in |
6 | | part, were disbursed by the Department by means other than in |
7 | | accordance with the standards of this Section, then the amount |
8 | | transferred to the Tourism Promotion Fund shall be reduced |
9 | | during the next subsequent transfer in direct proportion to |
10 | | that amount determined to be in violation of the terms set |
11 | | forth in this Section. |
12 | | (3) Notwithstanding anything in this Section to the |
13 | | contrary, amounts transferred from the General Revenue Fund to |
14 | | the Tourism Promotion Fund pursuant to this Section shall not |
15 | | exceed $26,300,000 in State fiscal year 2012.
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16 | | (Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
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