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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
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1 hotel-motel taxes bureaus eligible to receive funds are
2 defined as those bureaus in legal existence as of January 1,
3 1985 that are either a unit of local government or
4 incorporated as a not-for-profit organization, are affiliated
5 with at least one municipality or county, and employ one full
6 time 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 the
10 Chicago 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 grants contractual funding from the Tourism Promotion
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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
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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 tourism job opportunities throughout 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, for promotional
14 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
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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, by
30 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
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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 the
10 judgment of the Department, be necessary and proper in
11 fostering and promoting tourism in the State of Illinois.
12 (i) To implement a program of matching grants and loans
13 to counties, municipalities, or local promotion groups and
14 others, as provided in Sections 5 and 8a of this Act, loans
15 to for-profit businesses for 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 each
28 month, beginning July 1, 1978 and ending June 30, 1997, upon
29 certification of the Department of Revenue, the Comptroller
30 shall order transferred and the Treasurer shall transfer from
31 the General Revenue Fund to a special fund in the State
32 Treasury, to be known as the "Tourism Promotion Fund", an
33 amount equal to 10% of the net revenue realized from "The
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1 Hotel Operators' Occupation Tax Act", as now or hereafter
2 amended, plus an amount equal to 10% of the net revenue
3 realized from any tax imposed under Section 4.05 of the
4 Chicago World's Fair - 1992 Authority Act, as now or
5 hereafter amended, during the preceding month. Net revenue
6 realized for a month shall be the revenue collected by the
7 State pursuant to that Act during the previous month less the
8 amount paid out during that same month as refunds to
9 taxpayers 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
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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
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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 events their promotional
7 activities. 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, or local promotion
26 group, or for-profit business, pursuant to an order,
27 resolution, ordinance or other appropriate action of its
28 governing body, must make application to the Department for
29 such grant, setting forth the studies, surveys and
30 investigations proposed to be made and other promotional
31 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
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1 expended by, the applicant for the purposes herein described
2 and the amount of the grant for which application is made.
3 The Department shall make grants from funds transferred
4 into the Tourism Promotion Fund under subsection (1) of
5 Section 4a to match funds appropriated or otherwise allocated
6 by counties, municipalities and local promotion groups
7 subsequent to the effective date of this Act. The Department
8 shall make grants from funds transferred into the Tourism
9 Promotion Fund under subsection (1) of Section 4a only to
10 match 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
18 promotional program 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
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1 or improvement of tourism attractions in Illinois.
2 Individual These grants 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 tourism promotion program 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.)
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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
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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.
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