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| 1 |  |  AN ACT concerning revenue.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Illinois Promotion Act is amended by  | 
| 5 |  | changing Section 4a as follows:
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| 6 |  |  (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
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| 7 |  |  Sec. 4a. Funds. 
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| 8 |  |  (1) All moneys deposited in the Tourism Promotion Fund  | 
| 9 |  | pursuant to this
subsection are allocated to the Department for  | 
| 10 |  | utilization, as
appropriated, in the performance of its powers  | 
| 11 |  | under Section 4; except that during fiscal year 2013, the  | 
| 12 |  | Department shall reserve $9,800,000 of the total funds  | 
| 13 |  | available for appropriation in the Tourism Promotion Fund for  | 
| 14 |  | appropriation to the Historic Preservation Agency for the  | 
| 15 |  | operation of the Abraham Lincoln Presidential Library and  | 
| 16 |  | Museum and State historic sites.
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| 17 |  |  As soon as possible after the first day of each month,  | 
| 18 |  | beginning July 1,
1997, upon certification of the Department of  | 
| 19 |  | Revenue, the Comptroller shall
order transferred and the  | 
| 20 |  | Treasurer shall transfer from the General Revenue
Fund to the  | 
| 21 |  | Tourism Promotion Fund an amount equal to 13% of the net
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| 22 |  | revenue realized from the Hotel Operators' Occupation Tax Act  | 
| 23 |  | plus an amount
equal to 13% of the net revenue realized from  | 
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| 1 |  | any tax imposed under
Section
4.05 of the Chicago World's  | 
| 2 |  | Fair-1992 Authority Act during the preceding month.
"Net  | 
| 3 |  | revenue realized for a month" means the revenue collected by  | 
| 4 |  | the State
under that Act during the previous month less the  | 
| 5 |  | amount paid out during that
same month as refunds to taxpayers  | 
| 6 |  | for overpayment of liability under that
Act.
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| 7 |  |  (1.1) (Blank).
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| 8 |  |  (2) As soon as possible after the first day of each month,
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| 9 |  | beginning July 1,
1997, upon certification of the Department of  | 
| 10 |  | Revenue, the Comptroller shall
order transferred and the  | 
| 11 |  | Treasurer shall transfer from the General Revenue
Fund to the  | 
| 12 |  | Tourism
Promotion Fund an amount equal to 8% of the net revenue  | 
| 13 |  | realized from the Hotel
Operators' Occupation Tax plus an  | 
| 14 |  | amount equal to 8% of the net revenue
realized from any tax  | 
| 15 |  | imposed under Section 4.05 of the Chicago World's
Fair-1992  | 
| 16 |  | Authority Act during the preceding month. "Net revenue realized  | 
| 17 |  | for
a
month" means the revenue collected by the State under  | 
| 18 |  | that Act during the
previous month less the amount paid out  | 
| 19 |  | during that same month as refunds to
taxpayers for overpayment  | 
| 20 |  | of liability under that Act.
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| 21 |  |  All monies deposited in the Tourism Promotion Fund under  | 
| 22 |  | this
subsection (2) shall be used solely as provided in this  | 
| 23 |  | subsection to
advertise and promote tourism throughout  | 
| 24 |  | Illinois. Appropriations of monies
deposited in the Tourism  | 
| 25 |  | Promotion Fund pursuant to this subsection (2)
shall be used  | 
| 26 |  | solely for advertising to promote tourism, including but not
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| 1 |  | limited to advertising production and direct advertisement  | 
| 2 |  | costs, but shall
not be used to employ any additional staff,  | 
| 3 |  | finance any individual event,
or lease, rent or purchase any  | 
| 4 |  | physical facilities. The Department shall
coordinate its  | 
| 5 |  | advertising under this subsection (2) with other public and
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| 6 |  | private entities in the State engaged in similar promotion  | 
| 7 |  | activities.
Print or electronic media production made pursuant  | 
| 8 |  | to this subsection (2)
for advertising promotion shall not  | 
| 9 |  | contain or include the physical
appearance of or reference to  | 
| 10 |  | the name or position of any public officer.
"Public officer"  | 
| 11 |  | means a person who is elected to office pursuant to
statute, or  | 
| 12 |  | who is appointed to an office which is established, and the
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| 13 |  | qualifications and duties of which are prescribed, by statute,  | 
| 14 |  | to discharge
a public duty for the State or any of its  | 
| 15 |  | political subdivisions. | 
| 16 |  |  (2.5) The Department shall make grants from the Tourism  | 
| 17 |  | Promotion Fund, or its successor fund, to a municipality in  | 
| 18 |  | which a municipal convention center is located, or to a  | 
| 19 |  | convention center authority, for the purpose of reimbursing the  | 
| 20 |  | municipality or convention center authority for qualified  | 
| 21 |  | incentives provided by a municipal convention center or  | 
| 22 |  | convention center authority. For the purposes of this  | 
| 23 |  | subsection, "municipal convention center" means a convention  | 
| 24 |  | or civic center owned by a unit of local government, or a  | 
| 25 |  | municipal convention hall as defined in paragraph (1) of  | 
| 26 |  | Section 11-65-1 of the Illinois Municipal Code, with contiguous  | 
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| 1 |  | exhibition space ranging between 40,000 and 125,000 square  | 
| 2 |  | feet. For purposes of this subsection, "convention center  | 
| 3 |  | authority" means an Authority as defined by the Civic Center  | 
| 4 |  | Code with contiguous exhibition space ranging between 40,000  | 
| 5 |  | and 125,000 square feet. For the purposes of this subsection,  | 
| 6 |  | "qualified incentive" means an incentive provided for a  | 
| 7 |  | convention, meeting, or trade show that, but for the incentive,  | 
| 8 |  | would not have occurred in the State or been retained in the  | 
| 9 |  | State.  | 
| 10 |  |  No later than May 15 of each year, the municipality where a  | 
| 11 |  | municipal convention center is located, or convention center  | 
| 12 |  | authority, shall certify to the Department the amount of funds  | 
| 13 |  | expended in the previous fiscal year to provide qualified  | 
| 14 |  | incentives. Grants awarded under this subsection (2.5) may not  | 
| 15 |  | exceed 80% of the certified incentive amount. Further, in no  | 
| 16 |  | event may the aggregate amount of grants certified and awarded  | 
| 17 |  | to a single municipal convention center or convention center  | 
| 18 |  | authority under this subsection exceed $200,000 in any calendar  | 
| 19 |  | year. The municipality or convention center authority shall  | 
| 20 |  | also certify (A) the net proceeds received under the Hotel  | 
| 21 |  | Operators' Occupation Tax Act for the renting, leasing, or  | 
| 22 |  | letting of hotel rooms in the municipality for the month in  | 
| 23 |  | which the convention, meeting, or trade show occurs and (B) the  | 
| 24 |  | average of the net proceeds received under the Hotel Operators'  | 
| 25 |  | Occupation Tax Act for the renting, leasing, or letting of  | 
| 26 |  | hotel rooms in the municipality for the same month in the 5  | 
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| 1 |  | immediately preceding years. The Department may request that  | 
| 2 |  | the Auditor General conduct an audit of the accuracy of the  | 
| 3 |  | certification.  | 
| 4 |  |  If the Department determines by its process of  | 
| 5 |  | certification that qualified incentive funds, in whole or in  | 
| 6 |  | part, were disbursed by the Department by means other than in  | 
| 7 |  | accordance with the standards of this Section, then the amount  | 
| 8 |  | transferred to the Tourism Promotion Fund shall be reduced  | 
| 9 |  | during the next subsequent transfer in direct proportion to  | 
| 10 |  | that amount determined to be in violation of the terms set  | 
| 11 |  | forth in this Section.  | 
| 12 |  |  (3) Notwithstanding anything in this Section to the  | 
| 13 |  | contrary, amounts transferred from the General Revenue Fund to  | 
| 14 |  | the Tourism Promotion Fund pursuant to this Section shall not  | 
| 15 |  | exceed $26,300,000 in State fiscal year 2012. 
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| 16 |  | (Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
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