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90_HB1678enr
New Act
Creates the Grape and Wine Resources Council Act.
Creates a short title only.
LRB9004374LDcw
HB1678 Enrolled LRB9004374LDcw
1 AN ACT in relation to the regulation of wine, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Illinois Promotion Act is amended by
6 changing Section 4a as follows:
7 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
8 Sec. 4a. Funds.
9 (1) As soon as possible after the first day of each
10 month, beginning July 1, 1978, upon certification of the
11 Department of Revenue, the Comptroller shall order
12 transferred and the Treasurer shall transfer from the General
13 Revenue Fund to a special fund in the State Treasury, to be
14 known as the "Tourism Promotion Fund", an amount equal to 10%
15 of the net revenue realized from "The Hotel Operators'
16 Occupation Tax Act", as now or hereafter amended, plus an
17 amount equal to 10% of the net revenue realized from any tax
18 imposed under Section 4.05 of the Chicago World's Fair - 1992
19 Authority Act, as now or hereafter amended, during the
20 preceding month. Net revenue realized for a month shall be
21 the revenue collected by the State pursuant to that Act
22 during the previous month less the amount paid out during
23 that same month as refunds to taxpayers for overpayment of
24 liability under that Act.
25 All moneys deposited in the Tourism Promotion Fund
26 pursuant to this subsection are allocated to the Department
27 for utilization, as appropriated, in the performance of its
28 powers under Section 4.
29 (1.1) In addition to the transfers provided under
30 subsection (1) of this Section, as soon as possible after the
31 first day of each month, beginning July 1, 1993, upon
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1 certification of the Department of Revenue, the Comptroller
2 shall order transferred and the Treasurer shall transfer from
3 the General Revenue Fund to the Tourism Promotion Fund an
4 amount equal to the following specified percentages of the
5 net revenue realized from the Hotel Operators' Occupation Tax
6 Act during the previous month: during State fiscal year 1994,
7 1%; during fiscal year 1995, 2%; and during fiscal year 1996
8 and thereafter, 3%. "Net revenue" realized for a month shall
9 mean the revenue collected by the State under that Act during
10 the month less the amount paid out during that same month as
11 refunds to taxpayers for overpayment of liability under that
12 Act.
13 All moneys transferred into the Tourism Promotion Fund
14 under this subsection (1.1) are allocated to the Department
15 for utilization, as appropriated, in the performance of its
16 powers under Section 4.
17 (2) On the first day of fiscal year 1993, or as soon
18 thereafter as may be practicable, the Comptroller shall order
19 the transfer and the Treasurer shall transfer $4,300,000,
20 from the General Revenue Fund to the Tourism Promotion Fund
21 in the State Treasury. On January 15, 1993, or as soon
22 thereafter as may be practical, the Comptroller shall order
23 the transfer and the Treasurer shall transfer from the
24 General Revenue Fund to the Tourism Promotion Fund in the
25 State Treasury the sum of $5,700,000 or so much as may be
26 necessary so that the total amount transferred from the
27 General Revenue Fund to the Tourism Promotion Fund for fiscal
28 year 1993 equals the greater of $10,000,000 or the amount of
29 the fiscal year 1993 appropriation to the Department of
30 Commerce and Community Affairs to advertise and promote
31 tourism throughout Illinois under this subsection (2).
32 On the first day of fiscal year 1994 and each fiscal year
33 thereafter, or as soon thereafter as may be practical, the
34 Comptroller shall order the transfer and the Treasurer shall
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1 transfer from the General Revenue Fund to the Tourism
2 Promotion Fund in the State Treasury the greater of
3 $10,000,000 or the amount of the fiscal year appropriation to
4 the Department of Commerce and Community Affairs to advertise
5 and promote tourism throughout Illinois under this subsection
6 (2).
7 All monies deposited in the Tourism Promotion Fund under
8 this subsection (2) shall be used solely as provided in this
9 subsection to advertise and promote tourism throughout
10 Illinois. Appropriations of monies deposited in the Tourism
11 Promotion Fund pursuant to this subsection (2) shall be used
12 solely for advertising to promote tourism, including but not
13 limited to advertising production and direct advertisement
14 costs, but shall not be used to employ any additional staff,
15 finance any individual event, or lease, rent or purchase any
16 physical facilities. The Department shall coordinate its
17 advertising under this subsection (2) with other public and
18 private entities in the State engaged in similar promotion
19 activities. Print or electronic media production made
20 pursuant to this subsection (2) for advertising promotion
21 shall not contain or include the physical appearance of or
22 reference to the name or position of any public officer.
23 "Public officer" means a person who is elected to office
24 pursuant to statute, or who is appointed to an office which
25 is established, and the qualifications and duties of which
26 are prescribed, by statute, to discharge a public duty for
27 the State or any of its political subdivisions.
28 (3) Subject to appropriation, moneys shall be
29 transferred from the Tourism Promotion Fund into the Grape
30 and Wine Resources Fund pursuant to Article XII of the Liquor
31 Control Act of 1934 and shall be used by the Department in
32 accordance with the provisions of that Article.
33 (Source: P.A. 87-838; 87-860; 87-1248; 88-465.)
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1 Section 5. The State Finance Act is amended by adding
2 Section 5.449 as follows:
3 (30 ILCS 105/5.449 new)
4 Sec. 5.449. The Grape and Wine Resources Fund.
5 Section 10. The Liquor Control Act of 1934 is amended by
6 adding Section 1-3.37 and Article XII as follows:
7 (235 ILCS 5/1-3.37 new)
8 Sec. 1-3.37. "Council" means the Grape and Wine
9 Resources Council.
10 (235 ILCS 5/Art. XII heading new)
11 ARTICLE XII. GRAPE AND WINE RESOURCES COUNCIL
12 (235 ILCS 5/12-1 new)
13 Sec. 12-1. Grape and Wine Resources Council.
14 (a) There is hereby created the Grape and Wine Resources
15 Council, which shall have the powers and duties specified in
16 this Article and all other powers necessary and proper to
17 execute the provisions of this Article.
18 (b) The Council shall consist of 17 members including:
19 (1) The Director of the Illinois Department of
20 Agriculture, ex officio, or the Director's designee.
21 (2) The Dean of the SIU College of Agriculture, or
22 the Dean's designee.
23 (3) The Dean of the University of Illinois College
24 of Agriculture, or the Dean's designee.
25 (4) An expert in enology or food science and
26 nutrition to be named by the Director of the Illinois
27 Department of Agriculture from nominations submitted
28 jointly by the Deans of the Colleges of Agriculture at
29 Southern Illinois University and the University of
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1 Illinois.
2 (5) An expert in marketing to be named by the
3 Director of the Illinois Department of Agriculture from
4 nominations submitted jointly by the Deans of the
5 Colleges of Agriculture at Southern Illinois University
6 and the University of Illinois.
7 (6) An expert in viticulture to be named by the
8 Director of the Illinois Department of Agriculture from
9 nominations submitted jointly by the Deans of the
10 Colleges of Agriculture at Southern Illinois University
11 and the University of Illinois.
12 (7) A representative from the Illinois Division of
13 Tourism, to be named by the Director of the Illinois
14 Department of Commerce and Community Affairs.
15 (8) Six persons to be named by the Director of the
16 Illinois Department of Agriculture from nominations from
17 the President of the Illinois Grape Growers and Vintners
18 Association, of whom 3 shall be grape growers and 3 shall
19 be vintners.
20 (9) Four persons, one of whom shall be named by the
21 Speaker of the House of Representatives, one of whom
22 shall be named by the Minority Leader of the House of
23 Representatives, one of whom shall be named by the
24 President of the Senate, and one of whom shall be named
25 by the Minority Leader of the Senate.
26 Members of the Council shall receive no compensation, but
27 shall be reimbursed for necessary expenses incurred in the
28 performance of their duties. The Council's Chair shall be
29 the Dean of the College of Agriculture at the University
30 where the Council is housed.
31 (c) The Council shall be housed at Southern Illinois
32 University at Carbondale, which shall maintain a
33 collaborative relationship with the University of Illinois at
34 Champaign.
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1 (235 ILCS 5/12-2 new)
2 Sec. 12-2. Powers and duties of Council.
3 (a) Upon the appointment of its final member, the
4 Council shall adopt bylaws governing its members, meetings,
5 terms of office, and administration.
6 (b) The Council shall provide support and growth
7 services to the grape wine industry in Illinois that include,
8 but need not be limited to: (i) advocacy, liaison, and
9 promotion of grape growing and wine making, (ii) the
10 provision of consultation and special training to prospective
11 and established grape growers and wine makers, (iii)
12 viticulture and enological research pertinent to State wine
13 industry needs, and (iv) development of marketing policies
14 and strategies.
15 (c) The Council shall not enter into any effort to
16 regulate the price of grape products or wine.
17 (235 ILCS 5/12-3 new)
18 Sec. 12-3. Funding. Subject to appropriation, on July
19 1, 1997 and annually thereafter the Comptroller shall order
20 the transfer and the Treasurer shall transfer an amount
21 determined by the General Assembly from the Tourism Promotion
22 Fund into the Grape and Wine Resources Fund, which is hereby
23 created as a special fund in the State Treasury. The
24 Department of Commerce and Community Affairs may make
25 expenditures with moneys from the Fund for any of its lawful
26 purposes under this Article, subject to the advice and
27 approval of the Council. The Department of Commerce and
28 Community Affairs shall serve as the lead administrative
29 agency for monitoring the Council's implementation. Moneys
30 in the Fund shall not be used for any political or
31 legislative purpose. The Council shall keep minutes, books,
32 and records that clearly reflect all of the acts and
33 transactions of the Council. The books of the Council shall
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1 be audited by a certified public accountant at the Council's
2 expense at least annually. Within 30 days after the
3 completion of the audit, the results shall be provided to the
4 Director of Commerce and Community Affairs. The Department
5 of Commerce and Community Affairs shall be reimbursed from
6 the Grape and Wine Resources Fund for any costs incurred
7 under this Act. Moneys remaining in the Grape and Wine
8 Resources Fund at the end of the fiscal year shall remain in
9 the Fund for use during the following fiscal year and shall
10 not be transferred to any other State fund.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.