Sen. Matt Murphy
Filed: 5/15/2009
 
 

 




 

 		












09600HB3729sam001

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AMENDMENT TO HOUSE BILL 3729




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    AMENDMENT NO. ______. Amend House Bill 3729 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Illinois Municipal Code is amended  by 
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changing Section 8-3-14 as follows:
 



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    (65 ILCS 5/8-3-14)  (from Ch. 24, par. 8-3-14)


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    Sec. 8-3-14. Municipal hotel operators' occupation tax. 
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    (a) The corporate authorities of any municipality may 
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impose a
tax upon all persons engaged in such municipality in 
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the business of
renting, leasing or letting rooms in a hotel, 
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as defined in "The Hotel
Operators' Occupation Tax Act," at a 
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rate not to exceed 6% in the City of East Peoria and in the 
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Village of Morton and 5% in all other municipalities of the 
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gross
rental receipts from such renting, leasing or letting, 
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excluding, however,
from gross rental receipts, the proceeds of 
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such renting, leasing or
letting to permanent residents of that 
 


 






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hotel and proceeds from the tax
imposed under subsection (c) of 
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Section 13 of the Metropolitan Pier and
Exposition Authority 
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Act, and may provide for the administration and
enforcement of 
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the tax, and for the collection thereof from the persons

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subject to the tax, as the corporate authorities determine to 
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be necessary
or practicable for the effective administration of 
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the tax.

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    (b) Persons subject to any tax imposed pursuant to 
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authority
granted by this Section may reimburse themselves for 
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their tax
liability for such tax by separately stating such tax 
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as an
additional charge, which charge may be stated in 
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combination,
in a single amount, with State tax imposed under 
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"The Hotel
Operators' Occupation Tax Act".

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    (c) Nothing in this Section shall be construed to authorize 
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a
municipality to impose a tax upon the privilege of engaging 
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in
any business which under the constitution of the United 
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States
may not be made the subject of taxation by this State.

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    (d) Except as provided in subsection (e), the The amounts 
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collected by any municipality pursuant to this Section shall
be 
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expended by the municipality solely to promote tourism and 
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conventions
within that municipality or otherwise to attract 
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nonresident overnight
visitors to the municipality.

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    (e) In a county with a population of 3,000,000 or more 
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inhabitants, any municipality that has a local tourism and 
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convention bureau, certified by the State prior to January 1, 
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1991, that is a department of the municipality staffed with at 
 


 






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least one full-time paid employee of the municipality whose 
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sole function is to promote tourism development within the 
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bureau's designated service area may expend the amounts 
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collected pursuant to this Section for any municipal purpose 
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including, but not limited to, promoting tourism and 
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conventions within the municipality.
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    (f) If the corporate authorities of any municipality use 
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the amounts collected pursuant to subsection (e) for purposes 
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other than promoting tourism within the municipality, then the 
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corporate authorities must enact an ordinance authorizing such 
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use of the funds before the approval of the municipality's 
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annual budget or appropriation ordinance, as applicable. 
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    (g) No funds received pursuant to this Section shall be 
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used to advertise for
or otherwise promote new competition in 
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the hotel business.

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(Source: P.A. 95-967, eff. 9-23-08.)".