HB3729sam001 96TH GENERAL ASSEMBLY

Sen. Matt Murphy

Filed: 5/15/2009

09600HB3729sam001 LRB096 09408 RLJ 26770 a

AMENDMENT TO HOUSE BILL 3729

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

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

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

Sec. 8-3-14. Municipal hotel operators' occupation tax.

(a) The corporate authorities of any municipality may impose a tax upon all persons engaged in such municipality in the business of renting, leasing or letting rooms in a hotel, as defined in "The Hotel Operators' Occupation Tax Act," at a rate not to exceed 6% in the City of East Peoria and in the Village of Morton and 5% in all other municipalities of the gross rental receipts from such renting, leasing or letting, excluding, however, from gross rental receipts, the proceeds of such renting, leasing or letting to permanent residents of that hotel and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act, and may provide for the administration and enforcement of the tax, and for the collection thereof from the persons subject to the tax, as the corporate authorities determine to be necessary or practicable for the effective administration of the tax.

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

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

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

(e) In a county with a population of 3,000,000 or more inhabitants, any municipality that has a local tourism and convention bureau, certified by the State prior to January 1, 1991, that is a department of the municipality staffed with at least one full-time paid employee of the municipality whose sole function is to promote tourism development within the bureau's designated service area may expend the amounts collected pursuant to this Section for any municipal purpose including, but not limited to, promoting tourism and conventions within the municipality.

(f) If the corporate authorities of any municipality use the amounts collected pursuant to subsection (e) for purposes other than promoting tourism within the municipality, then the corporate authorities must enact an ordinance authorizing such use of the funds before the approval of the municipality's annual budget or appropriation ordinance, as applicable.

(g) No funds received pursuant to this Section shall be used to advertise for or otherwise promote new competition in the hotel business.

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