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90_SB0910sam001
LRB9003325LDdvam02
1 AMENDMENT TO SENATE BILL 910
2 AMENDMENT NO. . Amend Senate Bill 910 by replacing
3 everything after the enacting clause with the following:
4 "Section 3. The Illinois Promotion Act is amended by
5 changing Section 4a as follows:
6 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
7 Sec. 4a. Funds.
8 (1) As soon as possible after the first day of each
9 month, beginning July 1, 1978, upon certification of the
10 Department of Revenue, the Comptroller shall order
11 transferred and the Treasurer shall transfer from the General
12 Revenue Fund to a special fund in the State Treasury, to be
13 known as the "Tourism Promotion Fund", an amount equal to 10%
14 of the net revenue realized from "The Hotel Operators'
15 Occupation Tax Act", as now or hereafter amended, plus an
16 amount equal to 10% of the net revenue realized from any tax
17 imposed under Section 4.05 of the Chicago World's Fair - 1992
18 Authority Act, as now or hereafter amended, during the
19 preceding month. Net revenue realized for a month shall be
20 the revenue collected by the State pursuant to that Act
21 during the previous month less the amount paid out during
22 that same month as refunds to taxpayers for overpayment of
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1 liability under that Act.
2 All moneys deposited in the Tourism Promotion Fund
3 pursuant to this subsection are allocated to the Department
4 for utilization, as appropriated, in the performance of its
5 powers under Section 4.
6 (1.1) In addition to the transfers provided under
7 subsection (1) of this Section, as soon as possible after the
8 first day of each month, beginning July 1, 1993, upon
9 certification of the Department of Revenue, the Comptroller
10 shall order transferred and the Treasurer shall transfer from
11 the General Revenue Fund to the Tourism Promotion Fund an
12 amount equal to the following specified percentages of the
13 net revenue realized from the Hotel Operators' Occupation Tax
14 Act during the previous month: during State fiscal year 1994,
15 1%; during fiscal year 1995, 2%; and during fiscal year 1996
16 and thereafter, 3%. "Net revenue" realized for a month shall
17 mean the revenue collected by the State under that Act during
18 the month less the amount paid out during that same month as
19 refunds to taxpayers for overpayment of liability under that
20 Act.
21 All moneys transferred into the Tourism Promotion Fund
22 under this subsection (1.1) are allocated to the Department
23 for utilization, as appropriated, in the performance of its
24 powers under Section 4.
25 (2) On the first day of fiscal year 1993, or as soon
26 thereafter as may be practicable, the Comptroller shall order
27 the transfer and the Treasurer shall transfer $4,300,000,
28 from the General Revenue Fund to the Tourism Promotion Fund
29 in the State Treasury. On January 15, 1993, or as soon
30 thereafter as may be practical, the Comptroller shall order
31 the transfer and the Treasurer shall transfer from the
32 General Revenue Fund to the Tourism Promotion Fund in the
33 State Treasury the sum of $5,700,000 or so much as may be
34 necessary so that the total amount transferred from the
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1 General Revenue Fund to the Tourism Promotion Fund for fiscal
2 year 1993 equals the greater of $10,000,000 or the amount of
3 the fiscal year 1993 appropriation to the Department of
4 Commerce and Community Affairs to advertise and promote
5 tourism throughout Illinois under this subsection (2).
6 On the first day of fiscal year 1994 and each fiscal year
7 thereafter, or as soon thereafter as may be practical, the
8 Comptroller shall order the transfer and the Treasurer shall
9 transfer from the General Revenue Fund to the Tourism
10 Promotion Fund in the State Treasury the greater of
11 $10,000,000 or the amount of the fiscal year appropriation to
12 the Department of Commerce and Community Affairs to advertise
13 and promote tourism throughout Illinois under this subsection
14 (2).
15 All monies deposited in the Tourism Promotion Fund under
16 this subsection (2) shall be used solely as provided in this
17 subsection to advertise and promote tourism throughout
18 Illinois. Appropriations of monies deposited in the Tourism
19 Promotion Fund pursuant to this subsection (2) shall be used
20 solely for advertising to promote tourism, including but not
21 limited to advertising production and direct advertisement
22 costs, but shall not be used to employ any additional staff,
23 finance any individual event, or lease, rent or purchase any
24 physical facilities. The Department shall coordinate its
25 advertising under this subsection (2) with other public and
26 private entities in the State engaged in similar promotion
27 activities. Print or electronic media production made
28 pursuant to this subsection (2) for advertising promotion
29 shall not contain or include the physical appearance of or
30 reference to the name or position of any public officer.
31 "Public officer" means a person who is elected to office
32 pursuant to statute, or who is appointed to an office which
33 is established, and the qualifications and duties of which
34 are prescribed, by statute, to discharge a public duty for
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1 the State or any of its political subdivisions.
2 (3) Subject to appropriation, moneys shall be
3 transferred from the Tourism Promotion Fund into the Grape
4 and Wine Resources Fund pursuant to Article XII of the Liquor
5 Control Act of 1934 and shall be used by the Department in
6 accordance with the provisions of that Article.
7 (Source: P.A. 87-838; 87-860; 87-1248; 88-465.)
8 Section 5. The State Finance Act is amended by adding
9 Section 5.449 as follows:
10 (30 ILCS 105/5.449 new)
11 Sec. 5.449. The Grape and Wine Resources Fund.
12 Section 10. The Liquor Control Act of 1934 is amended by
13 adding Section 1-3.37 and Article XII as follows:
14 (235 ILCS 5/1-3.37 new)
15 Sec. 1-3.37. "Council" means the Grape and Wine
16 Resources Council.
17 (235 ILCS 5/Art. XII heading new)
18 ARTICLE XII. GRAPE AND WINE RESOURCES COUNCIL
19 (235 ILCS 5/12-1 new)
20 Sec. 12-1. Grape and Wine Resources Council.
21 (a) There is hereby created the Grape and Wine Resources
22 Council, which shall have the powers and duties specified in
23 this Article and all other powers necessary and proper to
24 execute the provisions of this Article.
25 (b) The Council shall consist of 13 members including:
26 (1) The Director of the Illinois Department of
27 Agriculture, ex officio, or the Director's designee.
28 (2) The Dean of the SIU College of Agriculture, or
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1 the Dean's designee.
2 (3) The Dean of the University of Illinois College
3 of Agriculture, or the Dean's designee.
4 (4) An expert in enology or food science and
5 nutrition to be named by the Director of the Illinois
6 Department of Agriculture from nominations submitted
7 jointly by the Deans of the Colleges of Agriculture at
8 Southern Illinois University and the University of
9 Illinois.
10 (5) An expert in marketing to be named by the
11 Director of the Illinois Department of Agriculture from
12 nominations submitted jointly by the Deans of the
13 Colleges of Agriculture at Southern Illinois University
14 and the University of Illinois.
15 (6) An expert in viticulture to be named by the
16 Director of the Illinois Department of Agriculture from
17 nominations submitted jointly by the Deans of the
18 Colleges of Agriculture at Southern Illinois University
19 and the University of Illinois.
20 (7) A representative from the Illinois Division of
21 Tourism, to be named by the Director of the Illinois
22 Department of Commerce and Community Affairs.
23 (8) Six persons to be named by the Director of the
24 Illinois Department of Agriculture from nominations from
25 the President of the Illinois Grape Growers and Vintners
26 Association, of whom 3 shall be grape growers and 3 shall
27 be vintners.
28 Members of the Council shall receive no compensation, but
29 shall be reimbursed for necessary expenses incurred in the
30 performance of their duties. The Council's Chair shall be
31 the Dean of the College of Agriculture at the University
32 where the Council is housed.
33 (c) The Council shall be housed at Southern Illinois
34 University at Carbondale, which shall maintain a
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1 collaborative relationship with the University of Illinois at
2 Champaign.
3 (235 ILCS 5/12-2 new)
4 Sec. 12-2. Powers and duties of Council.
5 (a) Upon the appointment of its final member, the
6 Council shall adopt by-laws governing its members, meetings,
7 terms of office, and administration.
8 (b) The Council shall provide support and growth
9 services to the grape wine industry in Illinois that include,
10 but need not be limited to: (i) advocacy, liaison, and
11 promotion of grape growing and wine making, (ii) the
12 provision of consultation and special training to prospective
13 and established grape growers and wine makers, (iii)
14 viticulture and enological research pertinent to State wine
15 industry needs, and (iv) development of marketing policies
16 and strategies.
17 (c) The Council shall not enter into any effort to
18 regulate the price of grape products or wine.
19 (235 ILCS 5/12-3 new)
20 Sec. 12-3. Funding. Subject to appropriation, on July
21 1, 1997 and annually thereafter the Comptroller shall order
22 the transfer and the Treasurer shall transfer an amount
23 determined by the General Assembly from the Tourism Promotion
24 Fund into the Grape and Wine Resources Fund, which is hereby
25 created as a special fund in the State Treasury. The
26 Department of Commerce and Community Affairs may make
27 expenditures with moneys from the Fund for any of its lawful
28 purposes under this Article, subject to the advice and
29 approval of the Council. The Department of Commerce and
30 Community Affairs shall serve as the lead administrative
31 agency for monitoring the Council's implementation. Moneys
32 in the Fund shall not be used for any political or
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1 legislative purpose. The Council shall keep minutes, books,
2 and records that clearly reflect all of the acts and
3 transactions of the Council. The books of the Council shall
4 be audited by a certified public accountant at the Council's
5 expense at least annually. Within 30 days after the
6 completion of the audit, the results shall be provided to the
7 Director of Commerce and Community Affairs. The Department
8 of Commerce and Community Affairs shall be reimbursed from
9 the Grape and Wine Resources Fund for any costs incurred
10 under this Act. Moneys remaining in the Grape and Wine
11 Resources Fund at the end of the fiscal year shall remain in
12 the Fund for use during the following fiscal year and shall
13 not be transferred to any other State fund.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".