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[ Senate Amendment 001 ] |
92_HB3017eng HB3017 Engrossed LRB9200724MWpk 1 AN ACT concerning tourism. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 10. The Department of Commerce and Community 5 Affairs Law of the Civil Administrative Code of Illinois is 6 amended by changing Sections 605-705 and 605-710 as follows: 7 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) 8 Sec. 605-705. Grants to local tourism and convention 9 bureaus. 10 (a) To establish a grant program for local tourism and 11 convention bureaus. The Department will develop and 12 implement a program for the use of funds, as authorized under 13 this Act, by local tourism and convention bureaus. For the 14 purposes of this Act, bureaus eligible to receive funds are 15 those local tourism and convention bureaus that are (i) 16 either units of local government or incorporated as 17 not-for-profit organizations; (ii) in legal existence for a 18 minimum of 2 years before July 1, 2001; (iii) operating with 19 a paid, full-time staff whose sole purpose is to promote 20 tourism in the designated service area; and (iv) affiliated 21 with one or more municipalities or counties that support the 22 bureau with local hotel-motel taxes. After July 1, 2001, 23 bureaus requesting certification in order to receive funds 24 for the first time must be local tourism and convention 25 bureaus that are (i) either units of local government or 26 incorporated as not-for-profit organizations; (ii) in legal 27 existence for a minimum of 2 years before the request for 28 certification; (iii) operating with a paid, full-time staff 29 whose sole purpose is to promote tourism in the designated 30 service area; and (iv) affiliated with multiple 31 municipalities or counties that support the bureau with local HB3017 Engrossed -2- LRB9200724MWpk 1 hotel-motel taxesbureaus eligible to receive funds are2defined as those bureaus in legal existence as of January 1,31985 that are either a unit of local government or4incorporated as a not-for-profit organization, are affiliated5with at least one municipality or county, and employ one full6time staff person whose purpose is to promote tourism. Each 7 bureau receiving funds under this Act will be certified by 8 the Department as the designated recipient to serve an area 9 of the State.These funds may not be used in support of the10Chicago World's Fair.11 (b) To distribute grants to local tourism and convention 12 bureaus from appropriations made from the Local Tourism Fund 13 for that purpose. Of the amounts appropriated annually to 14 the Department for expenditure under this Section, one-third 15 of those monies shall be used for grants to convention and 16 tourism bureaus in cities with a population greater than 17 500,000. The remaining two-thirds of the annual 18 appropriation shall be used for grants to convention and 19 tourism bureaus in the remainder of the State, in accordance 20 with a formula based upon the population served. The 21 Department may reserve up to 10% of the total appropriated to 22 conduct audits of grants, to provide incentive funds to those 23 bureaus that will conduct promotional activities designed to 24 further the Department's statewide advertising campaign, to 25 fund special statewide promotional activities, and to fund 26 promotional activities that support an increased use of the 27 State's parks or historic sites. 28 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 29 91-357, eff. 7-29-99; revised 8-4-99.) 30 (20 ILCS 605/605-710) 31 Sec. 605-710. Regional tourism development 32 organizations. The Department may, subject to appropriation, 33 provide grantscontractual fundingfrom the Tourism Promotion HB3017 Engrossed -3- LRB9200724MWpk 1 Fund for the administrative costs of not-for-profit regional 2 tourism development organizations that assist the Department 3 in developing tourism throughout a multi-county geographical 4 area designated by the Department. Regional tourism 5 development organizations receiving funds under this Section 6 may be required by the Department to submit to audits of 7 contracts awarded by the Department to determine whether the 8 regional tourism development organization has performed all 9 contractual obligations under those contracts. 10 Every employee of a regional tourism development 11 organization receiving funds under this Section shall 12 disclose to the organization's governing board and to the 13 Department any economic interest that employee may have in 14 any entity with which the regional tourism development 15 organization has contracted or to which the regional tourism 16 development organization has granted funds. 17 (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98; 18 91-239, eff. 1-1-00.) 19 Section 15. The Illinois Promotion Act is amended by 20 changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9, 10, 11, 13, 21 13a, and 14 as follows: 22 (20 ILCS 665/1) (from Ch. 127, par. 200-21) 23 Sec. 1. Short title. This Act shall be known and cited as 24 the Illinois Promotion Act. 25 (Source: Laws 1963, p. 2209.) 26 (20 ILCS 665/2) (from Ch. 127, par. 200-22) 27 Sec. 2. Legislative findings; policy. The General 28 Assembly hereby finds, determines and declares: 29 (a) That the health, safety, morals and general welfare 30 of the people of the State are directly dependent upon the 31 continual encouragement, development, growth and expansion of HB3017 Engrossed -4- LRB9200724MWpk 1 tourism within the State; 2 (b) That unemployment, the spread of indigency, and the 3 heavy burden of public assistance and unemployment 4 compensation can be alleviated by the promotion, attraction, 5 stimulation, development and expansion of tourism in the 6 State; 7 (c) That the policy of the State of Illinois, in the 8 interest of promoting the health, safety, morals and welfare 9 of all the people of the State, is to increase the economic 10 impact of tourismjob opportunitiesthroughout the State 11 through promotional activities and by making available grants 12 and loans to be made to local promotion groups and others, as 13 provided in Sections 5 and 8a of this Act, forpromotional14 purposes of promoting, developing, and expanding tourism 15 destinations, tourism attractions, and tourism events. 16 (Source: Laws 1967, p. 4097.) 17 (20 ILCS 665/3) (from Ch. 127, par. 200-23) 18 Sec. 3. Definitions. The following words and terms, 19 whenever used or referred to in this Act, shall have the 20 following meanings, except where the context may otherwise 21 require: 22 (a) "Department" means the Department of Commerce and 23 Community Affairs of the State of Illinois. 24 (b) "Local promotion group" means any non-profit 25 corporation, organization, association, agency or committee 26 thereof formed for the primary purpose of publicizing, 27 promoting, advertising or otherwise encouraging the 28 development of tourism in any municipality, county, or region 29 of Illinois. 30 (c) "Promotional activities" means preparing, planning 31 and conducting campaigns of information, advertising and 32 publicity through such media as newspapers, radio, 33 television, magazines, trade journals, moving and still HB3017 Engrossed -5- LRB9200724MWpk 1 photography, posters, outdoor signboards and personal contact 2 within and without the State of Illinois; dissemination of 3 information, advertising, publicity, photographs and other 4 literature and material designed to carry out the purpose of 5 this Act; and participation in and attendance at meetings and 6 conventions concerned primarily with tourism, including 7 travel to and from such meetings. 8 (d) "Municipality" means "municipality" as defined in 9 Section 1-1-2 of the Illinois Municipal Code, as heretofore 10 and hereafter amended. 11 (e) "Tourism" means travel 50 miles or more one-way or 12 an overnight trip outside of a person's normal routine. 13 (Source: P.A. 81-1509.) 14 (20 ILCS 665/4) (from Ch. 127, par. 200-24) 15 Sec. 4. Powers. The Department shall have the following 16 powers: 17 (a) To formulate a program for the promotion of tourism 18 and the film industry in the State of Illinois, including, 19 but not limited to, the promotion of our State Parks, fishing 20 and hunting areas, historical shrines, vacation regions and 21 areas of historic or scenic interest. 22 (b) To cooperate with civic groups and local, State and 23 federal departments and agencies, and agencies and 24 departments of other states in encouraging educational 25 tourism and developing programs therefor. 26 (c) To publish tourist promotional material such as 27 brochures and booklets. 28 (d) To promote tourism in Illinois through all media, 29 including but not limited to, the Internet, television,by30 articles and advertisements in magazines, newspapers and 31 travel publications and by establishing promotional 32 exhibitions at fairs, travel shows, and similar exhibitions. 33 (e) To establish and maintain travel offices at major HB3017 Engrossed -6- LRB9200724MWpk 1 points of entry to the State. 2 (f) To recommend legislation relating to the 3 encouragement of tourism in Illinois. 4 (g) To assist municipalities or local promotion groups in 5 developing new tourist attractions including but not limited 6 to feasibility studies and analyses, research and 7 development, and management and marketing planning for such 8 new tourist attractions. 9 (h) (Blank).To do such other acts as shall, in the10judgment of the Department, be necessary and proper in11fostering and promoting tourism in the State of Illinois.12 (i) To implement a program of matching grants and loans 13 to counties, municipalities,orlocal promotion groups and 14 others, as provided in Sections 5 and 8a of this Act,loans15to for-profit businessesfor the development or improvement 16 of tourism attractions and tourism events in Illinois under 17 the terms and conditions provided in this Act. 18 (j) To expend funds from the International and 19 Promotional Fund, subject to appropriation, on any activity 20 authorized under this Act. 21 (k) To do any other acts that, in the judgment of the 22 Department, are necessary and proper in fostering and 23 promoting tourism in the State of Illinois. 24 (Source: P.A. 90-26, eff. 7-1-97; 91-357, eff. 7-29-99.) 25 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a) 26 Sec. 4a. Funds. 27 (1)As soon as possible after the first day of each28month, beginning July 1, 1978 and ending June 30, 1997, upon29certification of the Department of Revenue, the Comptroller30shall order transferred and the Treasurer shall transfer from31the General Revenue Fund to a special fund in the State32Treasury, to be known as the "Tourism Promotion Fund", an33amount equal to 10% of the net revenue realized from "TheHB3017 Engrossed -7- LRB9200724MWpk 1Hotel Operators' Occupation Tax Act", as now or hereafter2amended, plus an amount equal to 10% of the net revenue3realized from any tax imposed under Section 4.05 of the4Chicago World's Fair - 1992 Authority Act, as now or5hereafter amended, during the preceding month. Net revenue6realized for a month shall be the revenue collected by the7State pursuant to that Act during the previous month less the8amount paid out during that same month as refunds to9taxpayers for overpayment of liability under that Act.10 All moneys deposited in the Tourism Promotion Fund 11 pursuant to this subsection are allocated to the Department 12 for utilization, as appropriated, in the performance of its 13 powers under Section 4. 14 As soon as possible after the first day of each month, 15 beginning July 1, 1997, upon certification of the Department 16 of Revenue, the Comptroller shall order transferred and the 17 Treasurer shall transfer from the General Revenue Fund to the 18 Tourism Promotion Fund an amount equal to 13% of the net 19 revenue realized from the Hotel Operators' Occupation Tax Act 20 plus an amount equal to 13% of the net revenue realized from 21 any tax imposed under Section 4.05 of the Chicago World's 22 Fair-1992 Authority Act during the preceding month. "Net 23 revenue realized for a month" means the revenue collected by 24 the State under that Act during the previous month less the 25 amount paid out during that same month as refunds to 26 taxpayers for overpayment of liability under that Act. 27 (1.1) (Blank). 28 (2) As soon as possible after the first day of each 29 month, beginning July 1, 1997, upon certification of the 30 Department of Revenue, the Comptroller shall order 31 transferred and the Treasurer shall transfer from the General 32 Revenue Fund to the Tourism Promotion Fund an amount equal to 33 8% of the net revenue realized from the Hotel Operators' 34 Occupation Tax plus an amount equal to 8% of the net revenue HB3017 Engrossed -8- LRB9200724MWpk 1 realized from any tax imposed under Section 4.05 of the 2 Chicago World's Fair-1992 Authority Act during the preceding 3 month. "Net revenue realized for a month" means the revenue 4 collected by the State under that Act during the previous 5 month less the amount paid out during that same month as 6 refunds to taxpayers for overpayment of liability under that 7 Act. 8 All monies deposited in the Tourism Promotion Fund under 9 this subsection (2) shall be used solely as provided in this 10 subsection to advertise and promote tourism throughout 11 Illinois. Appropriations of monies deposited in the Tourism 12 Promotion Fund pursuant to this subsection (2) shall be used 13 solely for advertising to promote tourism, including but not 14 limited to advertising production and direct advertisement 15 costs, but shall not be used to employ any additional staff, 16 finance any individual event, or lease, rent or purchase any 17 physical facilities. The Department shall coordinate its 18 advertising under this subsection (2) with other public and 19 private entities in the State engaged in similar promotion 20 activities. Print or electronic media production made 21 pursuant to this subsection (2) for advertising promotion 22 shall not contain or include the physical appearance of or 23 reference to the name or position of any public officer. 24 "Public officer" means a person who is elected to office 25 pursuant to statute, or who is appointed to an office which 26 is established, and the qualifications and duties of which 27 are prescribed, by statute, to discharge a public duty for 28 the State or any of its political subdivisions. 29 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, 30 eff. 7-30-98; 91-472, eff. 8-10-99.) 31 (20 ILCS 665/5) (from Ch. 127, par. 200-25) 32 Sec. 5. Marketing and private sector programs. 33 (a) The Department is authorized to make grants, subject HB3017 Engrossed -9- LRB9200724MWpk 1 to appropriation, from funds transferred into the Tourism 2 Promotion Fund under subsection (1) of Section 4a to 3 counties, municipalities, not-for-profit organizations and 4 local promotion groups and to assist such counties, 5 municipalities and local promotion groups in the promotion of 6 tourism attractions and tourism eventstheir promotional7activities. The Department, after review of the application 8 and if satisfied that the program and proposed expenditures 9 of the applicant appear to be in accord with the purposes of 10 this Act, must grant to the applicant an amount not to exceed 11 60% of the proposed expenditures. 12 (b) The Department may make grants, subject to 13 appropriation, from funds transferred into the Tourism 14 Promotion Fund under subsection (1) of Section 4a to 15 counties, municipalities, not-for-profit organizations, local 16 promotion groups, and for-profit businesses to assist in 17 attracting and hosting tourism events matched with funds from 18 sources in the private sector. The Department, after review 19 of the application and if satisfied that the program 20 and proposed expenditures of the applicant appear to be in 21 accord with the purposes of this Act, must grant to the 22 applicant an amount not to exceed 50% of the proposed 23 expenditures. 24 Before any such grant may be made the county, 25 municipality, not-for-profit organization,orlocal promotion 26 group, or for-profit business, pursuant to an order,27resolution, ordinance or other appropriate action of its28governing body,must make application to the Department for 29 such grant, setting forth the studies, surveys and 30 investigations proposed to be made and otherpromotional31 activities proposed to be undertaken. The application shall 32 further state, under oath or affirmation, with evidence 33 thereof satisfactory to the Department, the amount of funds 34 held by, committed to or subscribed to, and proposed to be HB3017 Engrossed -10- LRB9200724MWpk 1 expended by, the applicant for the purposes herein described 2 and the amount of the grant for which application is made. 3The Department shall make grants from funds transferred4into the Tourism Promotion Fund under subsection (1) of5Section 4a to match funds appropriated or otherwise allocated6by counties, municipalities and local promotion groups7subsequent to the effective date of this Act. The Department8shall make grants from funds transferred into the Tourism9Promotion Fund under subsection (1) of Section 4a only to10match funds from sources in the private sector.11 (Source: P.A. 90-26, eff. 7-1-97.) 12 (20 ILCS 665/7) (from Ch. 127, par. 200-27) 13 Sec. 7. Notice of approval and grant. Upon approval of 14 each application and the making of a grant by the Department 15 in accordance therewith, the Department shall give notice to 16 the applicant of such approval and grant, and shall direct 17 the applicant to proceed with its proposed tourism 18promotionalprogram as described in its application and to 19 use the funds allocated by the applicant for such purpose. 20 Upon the furnishing of satisfactory evidence to the 21 Department that the applicant has so proceeded, the grant 22 allocated to such applicant shall be paid over on such basis 23 to the applicant by the Department. 24 (Source: Laws 1967, p. 4097.) 25 (20 ILCS 665/8a) (from Ch. 127, par. 200-28a) 26 Sec. 8a. Tourism grants and loans; fund. 27 (1) The Department is authorized to make grants and 28 loans, subject to appropriations by the General Assembly for 29 this purpose from the Tourism Promotion Fund or the Tourism 30 Attraction Development Matching Grant Fund, to counties, 31 municipalities, local promotion groups, not-for-profit 32 organizations, or for-profit businesses for the development HB3017 Engrossed -11- LRB9200724MWpk 1 or improvement of tourism attractions in Illinois. 2 IndividualThesegrants and loans shall not exceed $1,000,000 3 and shall not exceed 50% of the entire amount of the actual 4 expenditures for the development or improvement of a tourist 5 attraction. Agreements for loans made by the Department 6 pursuant to this subsection may contain provisions regarding 7 term, interest rate, security as may be required by the 8 Department and any other provisions the Department may 9 require to protect the State's interest. 10 (2) There is hereby created a special fund in the State 11 Treasury to be known as the Tourism Attraction Development 12 Matching Grant Fund. The deposit of monies into this fund 13 shall be limited to the repayments of principal and interest 14 from loans made pursuant to subsection (1). 15 (Source: P.A. 91-683, eff. 1-26-00.) 16 (20 ILCS 665/9) (from Ch. 127, par. 200-29) 17 Sec. 9. Administration; rules. The Department is directed 18 to administer the provisions of this Act with such 19 flexibility so as to bring about as effective and economical 20 a tourismpromotionprogram as possible. In order to 21 effectuate and enforce the provisions of this Act, the 22 Department is authorized to promulgate necessary rules and 23 regulations and prescribe procedures in order to assure 24 compliance by applicants in carrying out the purposes for 25 which grants and loans may be made under this Act. 26 (Source: Laws 1967, p. 4097.) 27 (20 ILCS 665/10) (from Ch. 127, par. 200-30) 28 Sec. 10. Quarterly statement. The Department shall 29 submit quarterly to the Governor and to the State Comptroller 30 a statement on promotional activities undertaken under the 31 terms of this Act. 32 (Source: P.A. 78-592.) HB3017 Engrossed -12- LRB9200724MWpk 1 (20 ILCS 665/11) (from Ch. 127, par. 200-31) 2 Sec. 11. Promotional material. Any promotional material 3 produced as the result of the financial participation of the 4 State of Illinois under the terms of this Act shall so 5 indicate thereon. 6 (Source: Laws 1963, p. 2209.) 7 (20 ILCS 665/13) (from Ch. 127, par. 200-33) 8 Sec. 13. Powers of municipalities and counties. For the 9 purposes set out in this Act, the corporate authorities of 10 each city, village or incorporated town and the county board 11 of each county may (1) promote the advantages of the 12 municipality or county, as the case may be, for tourism, 13 industrial development and other activities and programs 14 designed to stimulate employment, (2) appropriate funds for 15 promotional activities and programs, (3) accept gifts and 16 grants to be used for promotional purposes, and (4) join with 17 other municipalities, counties, and local promotion groups in 18 promotional activities and programs. 19 (Source: Laws 1963, p. 2209.) 20 (20 ILCS 665/13a) (from Ch. 127, par. 200-33a) 21 Sec. 13a. Affirmative action. The Department shall, 22 within 90 days after the effective date of this amendatory 23 Act of 1984, establish and maintain an affirmative action 24 program designed to promote equal employment opportunity and 25 eliminate the effects of past discrimination. Such program 26 shall include a plan which shall specify goals and methods 27 for increasing participation by women and minorities in 28 employment by parties which receive funds pursuant to this 29 Act. The Department shall submit a detailed plan with the 30 General Assembly prior to March 1 of each year. Such program 31 shall also establish procedures to ensure compliance with the 32 plan established pursuant to this Section and with State and HB3017 Engrossed -13- LRB9200724MWpk 1 federal laws and regulations relating to the employment of 2 women and minorities. 3 (Source: P.A. 83-1129.) 4 (20 ILCS 665/14) (from Ch. 127, par. 200-34) 5 Sec. 14. Severability. If any section, subdivision, 6 sentence or clause of this Act is for any reason held invalid 7 or unconstitutional, such decision shall not affect the 8 validity of the remaining portions of this Act. 9 (Source: Laws 1963, p. 2209.) 10 (20 ILCS 665/6 rep.) 11 Section 20. The Illinois Promotion Act is amended by 12 repealing Section 6. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.