Sen. Matt Murphy

Filed: 5/15/2009

 

 


 

 


 
09600HB3729sam001 LRB096 09408 RLJ 26770 a

1
AMENDMENT TO HOUSE BILL 3729

2     AMENDMENT NO. ______. Amend House Bill 3729 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Section 8-3-14 as follows:
 
6     (65 ILCS 5/8-3-14)  (from Ch. 24, par. 8-3-14)
7     Sec. 8-3-14. Municipal hotel operators' occupation tax.
8     (a) The corporate authorities of any municipality may
9 impose a tax upon all persons engaged in such municipality in
10 the business of renting, leasing or letting rooms in a hotel,
11 as defined in "The Hotel Operators' Occupation Tax Act," at a
12 rate not to exceed 6% in the City of East Peoria and in the
13 Village of Morton and 5% in all other municipalities of the
14 gross rental receipts from such renting, leasing or letting,
15 excluding, however, from gross rental receipts, the proceeds of
16 such renting, leasing or letting to permanent residents of that

 

 

09600HB3729sam001 - 2 - LRB096 09408 RLJ 26770 a

1 hotel and proceeds from the tax imposed under subsection (c) of
2 Section 13 of the Metropolitan Pier and Exposition Authority
3 Act, and may provide for the administration and enforcement of
4 the tax, and for the collection thereof from the persons
5 subject to the tax, as the corporate authorities determine to
6 be necessary or practicable for the effective administration of
7 the tax.
8     (b) Persons subject to any tax imposed pursuant to
9 authority granted by this Section may reimburse themselves for
10 their tax liability for such tax by separately stating such tax
11 as an additional charge, which charge may be stated in
12 combination, in a single amount, with State tax imposed under
13 "The Hotel Operators' Occupation Tax Act".
14     (c) Nothing in this Section shall be construed to authorize
15 a municipality to impose a tax upon the privilege of engaging
16 in any business which under the constitution of the United
17 States may not be made the subject of taxation by this State.
18     (d) Except as provided in subsection (e), the The amounts
19 collected by any municipality pursuant to this Section shall be
20 expended by the municipality solely to promote tourism and
21 conventions within that municipality or otherwise to attract
22 nonresident overnight visitors to the municipality.
23     (e) In a county with a population of 3,000,000 or more
24 inhabitants, any municipality that has a local tourism and
25 convention bureau, certified by the State prior to January 1,
26 1991, that is a department of the municipality staffed with at

 

 

09600HB3729sam001 - 3 - LRB096 09408 RLJ 26770 a

1 least one full-time paid employee of the municipality whose
2 sole function is to promote tourism development within the
3 bureau's designated service area may expend the amounts
4 collected pursuant to this Section for any municipal purpose
5 including, but not limited to, promoting tourism and
6 conventions within the municipality.
7     (f) If the corporate authorities of any municipality use
8 the amounts collected pursuant to subsection (e) for purposes
9 other than promoting tourism within the municipality, then the
10 corporate authorities must enact an ordinance authorizing such
11 use of the funds before the approval of the municipality's
12 annual budget or appropriation ordinance, as applicable.
13     (g) No funds received pursuant to this Section shall be
14 used to advertise for or otherwise promote new competition in
15 the hotel business.
16 (Source: P.A. 95-967, eff. 9-23-08.)".