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Public Act 91-0472
HB1909 Enrolled LRB9103018LDmb
AN ACT in relation to wine, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Promotion Act is amended by
changing Section 4a as follows:
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) As soon as possible after the first day of each
month, beginning July 1, 1978 and ending June 30, 1997, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to a special fund in the State
Treasury, to be known as the "Tourism Promotion Fund", an
amount equal to 10% of the net revenue realized from "The
Hotel Operators' Occupation Tax Act", as now or hereafter
amended, plus an amount equal to 10% of the net revenue
realized from any tax imposed under Section 4.05 of the
Chicago World's Fair - 1992 Authority Act, as now or
hereafter amended, during the preceding month. Net revenue
realized for a month shall be the revenue collected by the
State pursuant to that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
All moneys deposited in the Tourism Promotion Fund
pursuant to this subsection are allocated to the Department
for utilization, as appropriated, in the performance of its
powers under Section 4.
As soon as possible after the first day of each month,
beginning July 1, 1997, upon certification of the Department
of Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Tourism Promotion Fund an amount equal to 13% of the net
revenue realized from the Hotel Operators' Occupation Tax Act
plus an amount equal to 13% of the net revenue realized from
any tax imposed under Section 4.05 of the Chicago World's
Fair-1992 Authority Act during the preceding month. "Net
revenue realized for a month" means the revenue collected by
the State under that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
(1.1) (Blank).
(2) As soon as possible after the first day of each
month, beginning July 1, 1997, upon certification of the
Department of Revenue, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Tourism Promotion Fund an amount equal to
8% of the net revenue realized from the Hotel Operators'
Occupation Tax plus an amount equal to 8% of the net revenue
realized from any tax imposed under Section 4.05 of the
Chicago World's Fair-1992 Authority Act during the preceding
month. "Net revenue realized for a month" means the revenue
collected by the State under that Act during the previous
month less the amount paid out during that same month as
refunds to taxpayers for overpayment of liability under that
Act.
All monies deposited in the Tourism Promotion Fund under
this subsection (2) shall be used solely as provided in this
subsection to advertise and promote tourism throughout
Illinois. Appropriations of monies deposited in the Tourism
Promotion Fund pursuant to this subsection (2) shall be used
solely for advertising to promote tourism, including but not
limited to advertising production and direct advertisement
costs, but shall not be used to employ any additional staff,
finance any individual event, or lease, rent or purchase any
physical facilities. The Department shall coordinate its
advertising under this subsection (2) with other public and
private entities in the State engaged in similar promotion
activities. Print or electronic media production made
pursuant to this subsection (2) for advertising promotion
shall not contain or include the physical appearance of or
reference to the name or position of any public officer.
"Public officer" means a person who is elected to office
pursuant to statute, or who is appointed to an office which
is established, and the qualifications and duties of which
are prescribed, by statute, to discharge a public duty for
the State or any of its political subdivisions.
(3) Subject to appropriation, moneys shall be
transferred from the Tourism Promotion Fund into the Grape
and Wine Resources Fund pursuant to Article XII of the Liquor
Control Act of 1934 and shall be used by the Department in
accordance with the provisions of that Article.
(Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655,
eff. 7-30-98.)
Section 10. The Liquor Control Act of 1934 is amended by
adding Section 12-4 as follows:
(235 ILCS 5/12-4 new)
Sec. 12-4. Grape and Wine Resources Fund. Beginning July
1, 1999 and ending June 30, 2004, on the first day of each
State fiscal year, or as soon thereafter as may be practical,
the State Comptroller shall transfer the sum of $500,000 from
the General Revenue Fund to the Grape and Wine Resources
Fund, which is hereby continued as a special fund in the
State Treasury. By January 1, 2004, the Department of
Commerce and Community Affairs shall review the activities of
the Council and report to the General Assembly and the
Governor its recommendation of whether or not the funding
under this Section should be continued.
The Grape and Wine Resources Fund shall be administered
by the Department of Commerce and Community Affairs, which
shall serve as the lead administrative agency for allocation
and auditing of funds as well as monitoring program
implementation. The Department shall make an annual grant of
moneys from the Fund to the Council, which shall be used to
pay for the Council's operations and expenses. These moneys
shall be used by the Council to achieve the Council's
objectives and shall not be used for any political or
legislative purpose. Money remaining in the Fund at the end
of the fiscal year shall remain in the Fund for use during
the following year and shall not be transferred to any other
State fund.
(235 ILCS 5/12-3 rep.)
Section 15. The Liquor Control Act of 1934 is amended by
repealing Section 12-3.
Section 99. Effective date. This Act takes effect July
1, 1999.
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