104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2803

 

Introduced 1/13/2026, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-705  was 20 ILCS 605/46.6a
35 ILCS 145/6  from Ch. 120, par. 481b.36
70 ILCS 3205/19  from Ch. 85, par. 6019

    Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that, in Fiscal Year 2027 and thereafter, the Department of Commerce and Economic Opportunity shall require that any convention and tourism bureau receiving a grant from the Local Tourism Fund that requires matching funds shall provide matching funds equal to no less than 25% of the grant amount (currently, no less than 40% of the grant amount). Amends the Hotel Operators' Occupation Tax Act and the Illinois Sports Facilities Authority Act. Makes changes concerning the distribution of moneys under those Acts. Effective immediately.


LRB104 16856 HLH 30266 b

 

 

A BILL FOR

 

SB2803LRB104 16856 HLH 30266 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois
6is amended by changing Section 605-705 as follows:
 
7    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
8    Sec. 605-705. Grants to local tourism and convention
9bureaus.
10    (a) To establish a grant program for local tourism and
11convention bureaus. The Department will develop and implement
12a program for the use of funds, as authorized under this Act,
13by local tourism and convention bureaus. For the purposes of
14this Act, bureaus eligible to receive funds are those local
15tourism and convention bureaus that are (i) either units of
16local government or incorporated as not-for-profit
17organizations; (ii) in legal existence for a minimum of 2
18years before July 1, 2001; (iii) operating with a paid,
19full-time staff whose sole purpose is to promote tourism in
20the designated service area; and (iv) affiliated with one or
21more municipalities or counties that support the bureau with
22local hotel-motel taxes. After July 1, 2001, bureaus
23requesting certification in order to receive funds for the

 

 

SB2803- 2 -LRB104 16856 HLH 30266 b

1first time must be local tourism and convention bureaus that
2are (i) either units of local government or incorporated as
3not-for-profit organizations; (ii) in legal existence for a
4minimum of 2 years before the request for certification; (iii)
5operating with a paid, full-time staff whose sole purpose is
6to promote tourism in the designated service area; and (iv)
7affiliated with multiple municipalities or counties that
8support the bureau with local hotel-motel taxes. Each bureau
9receiving funds under this Act will be certified by the
10Department as the designated recipient to serve an area of the
11State. Notwithstanding the criteria set forth in this
12subsection (a), or any rule adopted under this subsection (a),
13the Director of the Department may provide for the award of
14grant funds to one or more entities if in the Department's
15judgment that action is necessary in order to prevent a loss of
16funding critical to promoting tourism in a designated
17geographic area of the State.
18    (b) To distribute grants to local tourism and convention
19bureaus from appropriations made from the Local Tourism Fund
20for that purpose. Of the amounts appropriated annually to the
21Department for expenditure under this Section prior to July 1,
222011, one-third of those monies shall be used for grants to
23convention and tourism bureaus in cities with a population
24greater than 500,000. The remaining two-thirds of the annual
25appropriation prior to July 1, 2011 shall be used for grants to
26convention and tourism bureaus in the remainder of the State,

 

 

SB2803- 3 -LRB104 16856 HLH 30266 b

1in accordance with a formula based upon the population served.
2Of the amounts appropriated annually to the Department for
3expenditure under this Section beginning July 1, 2011, 18% of
4such moneys shall be used for grants to convention and tourism
5bureaus in cities with a population greater than 500,000. Of
6the amounts appropriated annually to the Department for
7expenditure under this Section beginning July 1, 2011, 82% of
8such moneys shall be used for grants to convention bureaus in
9the remainder of the State, in accordance with a formula based
10upon the population served. The Department may reserve up to
113% of total local tourism funds available for costs of
12administering the program to conduct audits of grants, to
13provide incentive funds to those bureaus that will conduct
14promotional activities designed to further the Department's
15statewide advertising campaign, to fund special statewide
16promotional activities, and to fund promotional activities
17that support an increased use of the State's parks or historic
18sites. The Department shall require that any convention and
19tourism bureau receiving a grant under this Section that
20requires matching funds shall provide matching funds equal to
21no less than 50% of the grant amount, except that: (1) in
22Fiscal Years 2021 through 2024 only, the Department shall
23require that any convention and tourism bureau receiving a
24grant under this Section that requires matching funds shall
25provide matching funds equal to no less than 25% of the grant
26amount; (2) in Fiscal Year 2025, the Department shall require

 

 

SB2803- 4 -LRB104 16856 HLH 30266 b

1that any convention and tourism bureau receiving a grant under
2this Section that requires matching funds shall provide
3matching funds equal to no less than 30% of the grant amount;
4and (3) in Fiscal Year 2026, the Department shall require that
5any convention and tourism bureau receiving a grant under this
6Section that requires matching funds shall provide matching
7funds equal to no less than 40% of the grant amount; and (4) in
8Fiscal Year 2027 and thereafter, the Department shall require
9that any convention and tourism bureau receiving a grant under
10this Section that requires matching funds shall provide
11matching funds equal to no less than 25% of the grant amount.
12During fiscal year 2013, the Department shall reserve
13$2,000,000 of the available local tourism funds for
14appropriation to the Historic Preservation Agency for the
15operation of the Abraham Lincoln Presidential Library and
16Museum and State historic sites.
17    To provide for the expeditious and timely implementation
18of the changes made by Public Act 101-636, emergency rules to
19implement the changes made by Public Act 101-636 may be
20adopted by the Department subject to the provisions of Section
215-45 of the Illinois Administrative Procedure Act.
22(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
 
24    Section 10. The Hotel Operators' Occupation Tax Act is
25amended by changing Section 6 as follows:
 

 

 

SB2803- 5 -LRB104 16856 HLH 30266 b

1    (35 ILCS 145/6)  (from Ch. 120, par. 481b.36)
2    Sec. 6. Returns; allocation of proceeds.
3    (a) Except as provided hereinafter in this Section, on or
4before the last day of each calendar month, every person
5engaged as a hotel operator in this State during the preceding
6calendar month shall file a return with the Department,
7stating:
8        1. the name of the operator;
9        2. his residence address and the address of his
10    principal place of business and the address of the
11    principal place of business (if that is a different
12    address) from which he engages in business as a hotel
13    operator in this State (including, if required by the
14    Department, the address of each hotel from which rental
15    receipts were received);
16        3. total amount of rental receipts received by him
17    during the preceding calendar month from engaging in
18    business as a hotel operator during such preceding
19    calendar month;
20        4. total amount of rental receipts received by him
21    during the preceding calendar month from renting, leasing
22    or letting rooms to permanent residents during such
23    preceding calendar month;
24        5. total amount of other exclusions from gross rental
25    receipts allowed by this Act;

 

 

SB2803- 6 -LRB104 16856 HLH 30266 b

1        6. gross rental receipts which were received by him
2    during the preceding calendar month and upon the basis of
3    which the tax is imposed;
4        7. the amount of tax due;
5        8. credit for any reimbursement of tax paid by a
6    re-renter of hotel rooms to hotel operators for rentals
7    purchased for re-rental, as provided in Section 3-3 of
8    this Act;
9        9. such other reasonable information as the Department
10    may require.
11    If the operator's average monthly tax liability to the
12Department does not exceed $200, the Department may authorize
13his returns to be filed on a quarter annual basis, with the
14return for January, February and March of a given year being
15due by April 30 of such year; with the return for April, May
16and June of a given year being due by July 31 of such year;
17with the return for July, August and September of a given year
18being due by October 31 of such year, and with the return for
19October, November and December of a given year being due by
20January 31 of the following year.
21    If the operator's average monthly tax liability to the
22Department does not exceed $50, the Department may authorize
23his returns to be filed on an annual basis, with the return for
24a given year being due by January 31 of the following year.
25    Such quarter annual and annual returns, as to form and
26substance, shall be subject to the same requirements as

 

 

SB2803- 7 -LRB104 16856 HLH 30266 b

1monthly returns.
2    Notwithstanding any other provision in this Act concerning
3the time within which an operator may file his return, in the
4case of any operator who ceases to engage in a kind of business
5which makes him responsible for filing returns under this Act,
6such operator shall file a final return under this Act with the
7Department not more than one month after discontinuing such
8business.
9    Where the same person has more than one business
10registered with the Department under separate registrations
11under this Act, such person shall not file each return that is
12due as a single return covering all such registered
13businesses, but shall file separate returns for each such
14registered business.
15    In his return, the operator shall determine the value of
16any consideration other than money received by him in
17connection with engaging in business as a hotel operator and
18he shall include such value in his return. Such determination
19shall be subject to review and revision by the Department in
20the manner hereinafter provided for the correction of returns.
21    Where the operator is a corporation, the return filed on
22behalf of such corporation shall be signed by the president,
23vice-president, secretary or treasurer or by the properly
24accredited agent of such corporation.
25    The person filing the return herein provided for shall, at
26the time of filing such return, pay to the Department the

 

 

SB2803- 8 -LRB104 16856 HLH 30266 b

1amount of tax herein imposed. The operator filing the return
2under this Section shall, at the time of filing such return,
3pay to the Department the amount of tax imposed by this Act
4less a discount of 2.1% or $25 per calendar year, whichever is
5greater, which is allowed to reimburse the operator for the
6expenses incurred in keeping records, preparing and filing
7returns, remitting the tax and supplying data to the
8Department on request.
9    If any payment provided for in this Section exceeds the
10operator's liabilities under this Act, as shown on an original
11return, the Department may authorize the operator to credit
12such excess payment against liability subsequently to be
13remitted to the Department under this Act, in accordance with
14reasonable rules adopted by the Department. If the Department
15subsequently determines that all or any part of the credit
16taken was not actually due to the operator, the operator's
17discount shall be reduced by an amount equal to the difference
18between the discount as applied to the credit taken and that
19actually due, and that operator shall be liable for penalties
20and interest on such difference.
21    (b) Until July 1, 2024, the Department shall deposit the
22total net revenue realized from the tax imposed under this Act
23as provided in this subsection (b). Beginning on July 1, 2024,
24the Department shall deposit the total net revenue realized
25from the tax imposed under this Act as provided in subsection
26(c).

 

 

SB2803- 9 -LRB104 16856 HLH 30266 b

1    There shall be deposited into the Build Illinois Fund in
2the State treasury for each State fiscal year 40% of the amount
3of total net revenue from the tax imposed by subsection (a) of
4Section 3. Of the remaining 60%: (i) $5,000,000 shall be
5deposited into the Illinois Sports Facilities Fund and
6credited to the Subsidy Account each fiscal year by making
7monthly deposits in the amount of 1/8 of $5,000,000 plus
8cumulative deficiencies in such deposits for prior months, and
9(ii) an amount equal to the then applicable Advance Amount, as
10defined in subsection (d), shall be deposited into the
11Illinois Sports Facilities Fund and credited to the Advance
12Account each fiscal year by making monthly deposits in the
13amount of 1/8 of the then applicable Advance Amount plus any
14cumulative deficiencies in such deposits for prior months.
15(The deposits of the then applicable Advance Amount during
16each fiscal year shall be treated as advances of funds to the
17Illinois Sports Facilities Authority for its corporate
18purposes to the extent paid to the Authority or its trustee and
19shall be repaid into the General Revenue Fund in the State
20treasury by the State Treasurer on behalf of the Authority
21pursuant to Section 19 of the Illinois Sports Facilities
22Authority Act, as amended. If in any fiscal year the full
23amount of the then applicable Advance Amount is not repaid
24into the General Revenue Fund, then the deficiency shall be
25paid from the amount in the Local Government Distributive Fund
26that would otherwise be allocated to the City of Chicago under

 

 

SB2803- 10 -LRB104 16856 HLH 30266 b

1the State Revenue Sharing Act.)
2    Of the remaining 60% of the amount of total net revenue
3beginning on August 1, 2011 through June 30, 2023, from the tax
4imposed by subsection (a) of Section 3 after all required
5deposits into the Illinois Sports Facilities Fund, an amount
6equal to 8% of the net revenue realized from this Act during
7the preceding month shall be deposited as follows: 18% of such
8amount shall be deposited into the Chicago Travel Industry
9Promotion Fund for the purposes described in subsection (n) of
10Section 5 of the Metropolitan Pier and Exposition Authority
11Act and the remaining 82% of such amount shall be deposited
12into the Local Tourism Fund each month for purposes authorized
13by Section 605-705 of the Department of Commerce and Economic
14Opportunity Law. Beginning on August 1, 2011 and through June
1530, 2023, an amount equal to 4.5% of the net revenue realized
16from this Act during the preceding month shall be deposited as
17follows: 55% of such amount shall be deposited into the
18Chicago Travel Industry Promotion Fund for the purposes
19described in subsection (n) of Section 5 of the Metropolitan
20Pier and Exposition Authority Act and the remaining 45% of
21such amount deposited into the International Tourism Fund for
22the purposes authorized in Section 605-707 of the Department
23of Commerce and Economic Opportunity Law.
24    Beginning on July 1, 2023 and until July 1, 2024, of the
25remaining 60% of the amount of total net revenue realized from
26the tax imposed under subsection (a) of Section 3, after all

 

 

SB2803- 11 -LRB104 16856 HLH 30266 b

1required deposits into the Illinois Sports Facilities Fund:
2        (1) an amount equal to 8% of the net revenue realized
3    under this Act for the preceding month shall be deposited
4    as follows: 82% to the Local Tourism Fund and 18% to the
5    Chicago Travel Industry Promotion Fund; and
6        (2) an amount equal to 4.5% of the net revenue
7    realized under this Act for the preceding month shall be
8    deposited as follows: 55% to the Chicago Travel Industry
9    Promotion Fund and 45% to the International Tourism Fund.
10    After making all these deposits, any remaining net revenue
11realized from the tax imposed under subsection (a) of Section
123 shall be deposited into the Tourism Promotion Fund in the
13State treasury. All moneys received by the Department from the
14additional tax imposed under subsection (b) of Section 3 shall
15be deposited into the Build Illinois Fund in the State
16treasury.
17    (c) Beginning on July 1, 2024, the total net revenue
18realized from the tax imposed under this Act for the preceding
19month shall be deposited each month as follows:
20        (1) 50% shall be deposited into the Build Illinois
21    Fund; and
22        (2) the remaining 50% shall be deposited in the
23    following order of priority:
24            (A) First:
25                (i) $5,000,000 shall be deposited into the
26            Illinois Sports Facilities Fund and credited to

 

 

SB2803- 12 -LRB104 16856 HLH 30266 b

1            the Subsidy Account each fiscal year by making
2            monthly deposits in the amount of one-eighth of
3            $5,000,000 plus cumulative deficiencies in those
4            deposits for prior months; and
5                (ii) an amount equal to the then applicable
6            Advance Amount, as defined in subsection (d),
7            shall be deposited into the Illinois Sports
8            Facilities Fund and credited to the Advance
9            Account each fiscal year by making monthly
10            deposits in the amount of one-eighth of the then
11            applicable Advance Amount plus any cumulative
12            deficiencies in such deposits for prior months;
13            the deposits of the then applicable Advance Amount
14            during each fiscal year shall be treated as
15            advances of funds to the Illinois Sports
16            Facilities Authority for its corporate purposes to
17            the extent paid to the Illinois Sports Facilities
18            Authority or its trustee and shall be repaid into
19            the General Revenue Fund in the State treasury by
20            the State Treasurer on behalf of the Authority
21            pursuant to Section 19 of the Illinois Sports
22            Facilities Authority Act as provided in item (iii)
23            of this paragraph (A); if, in any fiscal year, the
24            full amount of the Advance Amount is not repaid
25            into the General Revenue Fund, then the deficiency
26            shall be paid from the amount in the Local

 

 

SB2803- 13 -LRB104 16856 HLH 30266 b

1            Government Distributive Fund that would otherwise
2            be allocated to the City of Chicago under the
3            State Revenue Sharing Act; and
4                (iii) beginning on July 1, 2024 and until July
5            1, 2026, the amount repaid by the State Treasurer
6            on behalf of the Authority pursuant to Section 19
7            of the Illinois Sports Facilities Authority Act
8            shall be deposited into the General Revenue Fund;
9            beginning on July 1, 2026 and until July 1, 2027,
10            from the amount repaid by the State Treasurer on
11            behalf of the Authority pursuant to Section 19 of
12            the Illinois Sports Facilities Authority Act,
13            $82,291,800 shall be deposited into the General
14            Revenue Fund and all additional amounts repaid
15            shall be deposited into the Local Tourism Fund;
16            beginning on July 1, 2027, from the amount repaid
17            by the State Treasurer on behalf of the Authority
18            pursuant to Section 19 of the Illinois Sports
19            Facilities Authority Act, $82,291,800 shall be
20            deposited into the General Revenue Fund,
21            $4,375,000 shall be deposited into the Local
22            Tourism Fund, and all additional amounts repaid
23            shall be deposited as follows: 56% into the
24            Tourism Promotion Fund; 23% into the Local Tourism
25            Fund; 14% into the Chicago Travel Industry
26            Promotion Fund; and 7% into the International

 

 

SB2803- 14 -LRB104 16856 HLH 30266 b

1            Tourism Fund; and
2            (B) after all required deposits into the Illinois
3        Sports Facilities Fund under paragraph (A) have been
4        made each month, the remainder shall be deposited as
5        follows:
6                (i) 56% into the Tourism Promotion Fund;
7                (ii) 23% into the Local Tourism Fund;
8                (iii) 14% into the Chicago Travel Industry
9            Promotion Fund; and
10                (iv) 7% into the International Tourism Fund.
11    (d) As used in subsections (b) and (c):
12    "Advance Amount" means, for fiscal year 2002, $22,179,000,
13and for subsequent fiscal years through fiscal year 2033,
14105.615% of the Advance Amount for the immediately preceding
15fiscal year, rounded up to the nearest $1,000.
16    "Net revenue realized" means the revenue collected by the
17State under this Act less the amount paid out as refunds to
18taxpayers for overpayment of liability under this Act.
19    (e) The Department may, upon separate written notice to a
20taxpayer, require the taxpayer to prepare and file with the
21Department on a form prescribed by the Department within not
22less than 60 days after receipt of the notice an annual
23information return for the tax year specified in the notice.
24Such annual return to the Department shall include a statement
25of gross receipts as shown by the operator's last State income
26tax return. If the total receipts of the business as reported

 

 

SB2803- 15 -LRB104 16856 HLH 30266 b

1in the State income tax return do not agree with the gross
2receipts reported to the Department for the same period, the
3operator shall attach to his annual information return a
4schedule showing a reconciliation of the 2 amounts and the
5reasons for the difference. The operator's annual information
6return to the Department shall also disclose payroll
7information of the operator's business during the year covered
8by such return and any additional reasonable information which
9the Department deems would be helpful in determining the
10accuracy of the monthly, quarterly or annual tax returns by
11such operator as hereinbefore provided for in this Section.
12    If the annual information return required by this Section
13is not filed when and as required the taxpayer shall be liable
14for a penalty in an amount determined in accordance with
15Section 3-4 of the Uniform Penalty and Interest Act until such
16return is filed as required, the penalty to be assessed and
17collected in the same manner as any other penalty provided for
18in this Act.
19    The chief executive officer, proprietor, owner or highest
20ranking manager shall sign the annual return to certify the
21accuracy of the information contained therein. Any person who
22willfully signs the annual return containing false or
23inaccurate information shall be guilty of perjury and punished
24accordingly. The annual return form prescribed by the
25Department shall include a warning that the person signing the
26return may be liable for perjury.

 

 

SB2803- 16 -LRB104 16856 HLH 30266 b

1    The foregoing portion of this Section concerning the
2filing of an annual information return shall not apply to an
3operator who is not required to file an income tax return with
4the United States Government.
5(Source: P.A. 103-8, eff. 6-7-23; 103-592, eff. 7-1-24;
6103-642, eff. 7-1-24; 104-417, eff. 8-15-25.)
 
7    Section 15. The Illinois Sports Facilities Authority Act
8is amended by changing Section 19 as follows:
 
9    (70 ILCS 3205/19)  (from Ch. 85, par. 6019)
10    Sec. 19. Tax. The Authority may impose an occupation tax
11upon all hotel operators in the City of Chicago, as defined in
12The Hotel Operators' Occupation Tax Act, at a rate not to
13exceed 2% of the gross rental receipts from engaging in
14business as a hotel operator within the City of Chicago,
15excluding, however, from gross rental receipts, the proceeds
16of such renting, leasing or letting of hotel rooms to
17permanent residents of a hotel and proceeds from the tax
18imposed under subsection (c) of Section 13 of the Metropolitan
19Pier and Exposition Authority Act.
20    The tax imposed by the Authority pursuant to this Section
21and all civil penalties that may be assessed as an incident
22thereof shall be collected and enforced by the State
23Department of Revenue. The certificate of registration which
24is issued by the Department to a lessor under The Hotel

 

 

SB2803- 17 -LRB104 16856 HLH 30266 b

1Operators' Occupation Tax Act shall permit such registrant to
2engage in a business which is taxable under any ordinance or
3resolution enacted pursuant to this Section without
4registering separately with the Department under such
5ordinance or resolution or under this Section. The Department
6shall have full power to administer and enforce this Section;
7to collect all taxes and penalties due hereunder; to dispose
8of taxes and penalties so collected in the manner provided in
9this Section, and to determine all rights to credit memoranda,
10arising on account of the erroneous payment of tax or penalty
11hereunder. In the administration of, and compliance with, this
12Section, the Department and persons who are subject to this
13Section shall have the same rights, remedies, privileges,
14immunities, powers and duties, and be subject to the same
15conditions, restrictions, limitations, penalties and
16definitions of terms, and employ the same modes of procedure,
17as are prescribed in The Hotel Operators' Occupation Tax Act
18(except where that Act is inconsistent herewith), as the same
19is now or may hereafter be amended, as fully as if the
20provisions contained in The Hotel Operators' Occupation Tax
21Act were set forth herein.
22    Whenever the Department determines that a refund should be
23made under this Section to a claimant instead of issuing a
24credit memorandum, the Department shall notify the State
25Comptroller, who shall cause the warrant to be drawn for the
26amount specified, and to the person named, in such

 

 

SB2803- 18 -LRB104 16856 HLH 30266 b

1notification from the Department. Such refund shall be paid by
2the State Treasurer out of the amounts held by the State
3Treasurer as trustee for the Authority.
4    Persons subject to any tax imposed pursuant to authority
5granted by this Section may reimburse themselves for their tax
6liability for such tax by separately stating such tax as an
7additional charge, which charge may be stated in combination,
8in a single amount, with State tax imposed under The Hotel
9Operators' Occupation Tax Act, the municipal tax imposed under
10Section 8-3-13 of the Illinois Municipal Code, and the tax
11imposed under Section 13 of the Metropolitan Pier and
12Exposition Authority Act.
13    The Department shall forthwith pay over to the State
14Treasurer, ex-officio, as trustee for the Authority, all taxes
15and penalties collected hereunder for deposit in a trust fund
16outside the State Treasury. On or before the 25th day of each
17calendar month, the Department shall certify to the
18Comptroller the amount to be paid to or on behalf of the
19Authority from amounts collected hereunder by the Department,
20and deposited into such trust fund during the second preceding
21calendar month. The amount to be paid to or on behalf of the
22Authority shall be the amount (not including credit memoranda)
23collected hereunder during such second preceding calendar
24month by the Department, less an amount equal to the amount of
25refunds authorized during such second preceding calendar month
26by the Department on behalf of the Authority, and less 4% of

 

 

SB2803- 19 -LRB104 16856 HLH 30266 b

1such balance, which sum shall be retained by the State
2Treasurer to cover the costs incurred by the Department in
3administering and enforcing the provisions of this Section, as
4provided herein. Each such monthly certification by the
5Department shall also certify to the Comptroller the amount to
6be so retained by the State Treasurer for payment as provided
7in Section 6 of the Hotel Operators' Occupation Tax Act into
8the General Revenue Fund of the State Treasury.
9    Each monthly certification by the Department shall
10certify, of the amount paid to or on behalf of the Authority,
11(i) the portion to be paid to the Authority, (ii) the portion
12to be paid into the General Revenue Fund of the State Treasury
13on behalf of the Authority as provided in Section 6 of the
14Hotel Operators' Occupation Tax Act as repayment of amounts
15advanced to the Authority pursuant to appropriation from the
16Illinois Sports Facilities Fund.
17    With respect to each State fiscal year, of the total
18amount to be paid to or on behalf of the Authority, the
19Department shall certify that payments shall first be made
20directly to the Authority in an amount equal to any difference
21between the annual amount certified by the Chairman of the
22Authority pursuant to Section 8.25-4 of the State Finance Act
23and the amount appropriated to the Authority from the Illinois
24Sports Facilities Fund. Next, the Department shall certify
25that payment shall be made as provided in Section 6 of the
26Hotel Operators' Occupation Tax Act into the General Revenue

 

 

SB2803- 20 -LRB104 16856 HLH 30266 b

1Fund of the State Treasury in an amount equal to the difference
2between (i) the lesser of (x) the amount appropriated from the
3Illinois Sports Facilities Fund to the Authority and (y) the
4annual amount certified by the Chairman of the Authority
5pursuant to Section 8.25-4 of the State Finance Act and (ii)
6$10,000,000. The Department shall certify that all additional
7amounts shall be paid to the Authority and used for its
8corporate purposes.
9    Within 10 days after receipt, by the Comptroller, of the
10Department's monthly certification of amounts to be paid to or
11on behalf of the Authority and amounts to be paid into the
12General Revenue Fund, the Comptroller shall cause the warrants
13to be drawn for the respective amounts in accordance with the
14directions contained in such certification.
15    Amounts collected by the Department and paid to the
16Authority pursuant to this Section shall be used for the
17corporate purposes of the Authority. On June 15, 1992 and on
18each June 15 thereafter, the Authority shall repay to the
19State Treasurer all amounts paid to it under this Section and
20otherwise remaining available to the Authority after providing
21for (i) payment of principal and interest on, and other
22payments related to, its obligations issued or to be issued
23under Section 13 of the Act, including any deposits required
24to reserve funds created under any indenture or resolution
25authorizing issuance of the obligations and payments to
26providers of credit enhancement, (ii) payment of obligations

 

 

SB2803- 21 -LRB104 16856 HLH 30266 b

1under the provisions of any management agreement with respect
2to a facility or facilities owned by the Authority or of any
3assistance agreement with respect to any facility for which
4financial assistance is provided under this Act, and payment
5of other capital and operating expenses of the Authority,
6including any deposits required to reserve funds created for
7repair and replacement of capital assets and to meet the
8obligations of the Authority under any management agreement or
9assistance agreement. Amounts repaid by the Authority to the
10State Treasurer hereunder shall be treated as repayment of
11amounts deposited into the Illinois Sports Facilities Fund and
12credited to the Subsidy Account and used for the corporate
13purposes of the Authority. The State Treasurer shall deposit
14$5,000,000 of the amount received into the General Revenue
15Fund; thereafter, at the beginning of each fiscal year the
16State Treasurer shall certify to the State Comptroller for all
17prior fiscal years the cumulative amount of any deficiencies
18in repayments to the City of Chicago of amounts in the Local
19Government Distributive Fund that would otherwise have been
20allocated to the City of Chicago under the State Revenue
21Sharing Act but instead were paid into the General Revenue
22Fund under Section 6 of the Hotel Operators' Occupation Tax
23Act and that have not been reimbursed, and the Comptroller
24shall, during the fiscal year at the beginning of which the
25certification was made, cause warrants to be drawn from the
26amount received for the repayment of that cumulative amount to

 

 

SB2803- 22 -LRB104 16856 HLH 30266 b

1the City of Chicago until that cumulative amount has been
2fully reimbursed; thereafter, the State Treasurer shall
3deposit the balance of the amount received into the trust fund
4established outside the State Treasury under subsection (g) of
5Section 13 of the Metropolitan Pier and Exposition Authority
6Act.
7    Nothing in this Section shall be construed to authorize
8the Authority to impose a tax upon the privilege of engaging in
9any business which under the constitution of the United States
10may not be made the subject of taxation by this State.
11    An ordinance or resolution imposing or discontinuing a tax
12hereunder or effecting a change in the rate thereof shall be
13effective on the first day of the second calendar month next
14following the month in which the ordinance or resolution is
15passed.
16    If the Authority levies a tax authorized by this Section
17it shall transmit to the Department of Revenue not later than 5
18days after the adoption of the ordinance or resolution a
19certified copy of the ordinance or resolution imposing such
20tax whereupon the Department of Revenue shall proceed to
21administer and enforce this Section on behalf of the
22Authority. Upon a change in rate of a tax levied hereunder, or
23upon the discontinuance of the tax, the Authority shall not
24later than 5 days after the effective date of the ordinance or
25resolution discontinuing the tax or effecting a change in rate
26transmit to the Department of Revenue a certified copy of the

 

 

SB2803- 23 -LRB104 16856 HLH 30266 b

1ordinance or resolution effecting such change or
2discontinuance.
3(Source: P.A. 103-592, eff. 7-1-24.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.