97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1522

 

Introduced 2/15/2011, by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 750/15.4  from Ch. 134, par. 45.4
65 ILCS 5/8-3-13  from Ch. 24, par. 8-3-13
65 ILCS 5/8-3-14  from Ch. 24, par. 8-3-14
65 ILCS 5/8-3-14a

    Amends the Emergency Telephone System Act. Provides that moneys from the Emergency Telephone System Fund may be expended for the costs of public safety agency personnel who are and equipment that is dispatched in response to an emergency call. Amends the Illinois Municipal Code. In provisions pertaining to the expenditure of the amounts collected by municipalities from municipal hotel use taxes or hotel operator's taxes, provides that the corporate authorities of a municipality may, by ordinance, provide for the amounts collected to be deposited into the general fund of the municipality for any municipal purpose (now, the amounts collected must be spent to promote tourism). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Telephone System Act is amended by
5changing Section 15.4 as follows:
 
6    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
7    Sec. 15.4. Emergency Telephone System Board; powers.
8    (a) The corporate authorities of any county or municipality
9that imposes a surcharge under Section 15.3 shall establish an
10Emergency Telephone System Board. The corporate authorities
11shall provide for the manner of appointment and the number of
12members of the Board, provided that the board shall consist of
13not fewer than 5 members, one of whom must be a public member
14who is a resident of the local exchange service territory
15included in the 9-1-1 coverage area, one of whom (in counties
16with a population less than 100,000) must be a member of the
17county board, and at least 3 of whom shall be representative of
18the 9-1-1 public safety agencies, including but not limited to
19police departments, fire departments, emergency medical
20services providers, and emergency services and disaster
21agencies, and appointed on the basis of their ability or
22experience. In counties with a population of more than 100,000
23but less than 2,000,000, a member of the county board may serve

 

 

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1on the Emergency Telephone System Board. Elected officials,
2including members of a county board, are also eligible to serve
3on the board. Members of the board shall serve without
4compensation but shall be reimbursed for their actual and
5necessary expenses. Any 2 or more municipalities, counties, or
6combination thereof, that impose a surcharge under Section 15.3
7may, instead of establishing individual boards, establish by
8intergovernmental agreement a Joint Emergency Telephone System
9Board pursuant to this Section. The manner of appointment of
10such a joint board shall be prescribed in the agreement.
11    (b) The powers and duties of the board shall be defined by
12ordinance of the municipality or county, or by
13intergovernmental agreement in the case of a joint board. The
14powers and duties shall include, but need not be limited to the
15following:
16        (1) Planning a 9-1-1 system.
17        (2) Coordinating and supervising the implementation,
18    upgrading, or maintenance of the system, including the
19    establishment of equipment specifications and coding
20    systems.
21        (3) Receiving moneys from the surcharge imposed under
22    Section 15.3, and from any other source, for deposit into
23    the Emergency Telephone System Fund.
24        (4) Authorizing all disbursements from the fund.
25        (5) Hiring any staff necessary for the implementation
26    or upgrade of the system.

 

 

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1        (6) Participating in a Regional Pilot Project to
2    implement next generation 9-1-1, as defined in this Act,
3    subject to the conditions set forth in this Act.
4    (c) All moneys received by a board pursuant to a surcharge
5imposed under Section 15.3 shall be deposited into a separate
6interest-bearing Emergency Telephone System Fund account. The
7treasurer of the municipality or county that has established
8the board or, in the case of a joint board, any municipal or
9county treasurer designated in the intergovernmental
10agreement, shall be custodian of the fund. All interest
11accruing on the fund shall remain in the fund. No expenditures
12may be made from such fund except upon the direction of the
13board by resolution passed by a majority of all members of the
14board. Expenditures may be made only to pay for the costs
15associated with the following:
16        (1) The design of the Emergency Telephone System.
17        (2) The coding of an initial Master Street Address
18    Guide data base, and update and maintenance thereof.
19        (3) The repayment of any moneys advanced for the
20    implementation of the system.
21        (4) The charges for Automatic Number Identification
22    and Automatic Location Identification equipment, a
23    computer aided dispatch system that records, maintains,
24    and integrates information, mobile data transmitters
25    equipped with automatic vehicle locators, and maintenance,
26    replacement and update thereof to increase operational

 

 

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1    efficiency and improve the provision of emergency
2    services.
3        (5) The non-recurring charges related to installation
4    of the Emergency Telephone System and the ongoing network
5    charges.
6        (6) The acquisition and installation, or the
7    reimbursement of costs therefor to other governmental
8    bodies that have incurred those costs, of road or street
9    signs that are essential to the implementation of the
10    emergency telephone system and that are not duplicative of
11    signs that are the responsibility of the jurisdiction
12    charged with maintaining road and street signs.
13        (7) Other products and services necessary for the
14    implementation, upgrade, and maintenance of the system and
15    any other purpose related to the operation of the system,
16    including costs attributable directly to the construction,
17    leasing, or maintenance of any buildings or facilities or
18    costs of personnel attributable directly to the operation
19    of the system. Costs attributable directly to the operation
20    of an emergency telephone system also do not include the
21    costs of public safety agency personnel who are and
22    equipment that is dispatched in response to an emergency
23    call.
24        (8) In the case of a municipality that imposes a
25    surcharge under subsection (h) of Section 15.3, moneys may
26    also be used for any anti-terrorism or emergency

 

 

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1    preparedness measures, including, but not limited to,
2    preparedness planning, providing local matching funds for
3    federal or State grants, personnel training, and
4    specialized equipment, including surveillance cameras as
5    needed to deal with natural and terrorist-inspired
6    emergency situations or events.
7        (9) The defraying of expenses incurred in
8    participation in a Regional Pilot Project to implement next
9    generation 9-1-1, subject to the conditions set forth in
10    this Act.
11    Moneys in the fund may also be transferred to a
12participating fire protection district to reimburse volunteer
13firefighters who man remote telephone switching facilities
14when dedicated 9-1-1 lines are down.
15    (d) The board shall complete the data base before
16implementation of the 9-1-1 system. The error ratio of the data
17base shall not at any time exceed 1% of the total data base.
18(Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09;
1995-1012, eff. 12-15-08; 96-1000, eff. 7-2-10; 96-1443, eff.
208-20-10.)
 
21    Section 10. The Illinois Municipal Code is amended by
22changing Sections 8-3-13, 8-3-14, and 8-3-14a as follows:
 
23    (65 ILCS 5/8-3-13)  (from Ch. 24, par. 8-3-13)
24    Sec. 8-3-13. Tourism, Conventions and Other Special Events

 

 

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1Promotion Act of 1967. The corporate authorities of any
2municipality containing 500,000 or more inhabitants may impose
3a tax prior to July 1, 1969, upon all persons engaged in the
4municipality in the business of renting, leasing or letting
5rooms in a hotel, as defined in the Hotel Operators' Occupation
6Tax Act, at a rate not to exceed 1% of the gross rental
7receipts from the renting, leasing or letting, excluding,
8however, from gross rental receipts, the proceeds of the
9renting, leasing or letting to permanent residents of that
10hotel and proceeds from the tax imposed under subsection (c) of
11Section 13 of the Metropolitan Pier and Exposition Authority
12Act.
13    The tax imposed by a municipality under this Section and
14all civil penalties that may be assessed as an incident thereof
15shall be collected and enforced by the State Department of
16Revenue. The certificate of registration that is issued by the
17Department to a lessor under the Hotel Operators' Occupation
18Tax Act shall permit the registrant to engage in a business
19that is taxable under any ordinance or resolution enacted under
20this Section without registering separately with the
21Department under the ordinance or resolution or under this
22Section. The Department shall have full power to administer and
23enforce this Section; to collect all taxes and penalties due
24hereunder; to dispose of taxes and penalties so collected in
25the manner provided in this Section; and to determine all
26rights to credit memoranda arising on account of the erroneous

 

 

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1payment of tax or penalty hereunder. In the administration of
2and compliance with this Section, the Department and persons
3who are subject to this Section shall have the same rights,
4remedies, privileges, immunities, powers and duties, and be
5subject to the same conditions, restrictions, limitations,
6penalties and definitions of terms, and employ the same modes
7of procedure, as are prescribed in the Hotel Operators'
8Occupation Tax Act and the Uniform Penalty and Interest Act, as
9fully as if the provisions contained in those Acts were set
10forth herein.
11    Whenever the Department determines that a refund should be
12made under this Section to a claimant instead of issuing a
13credit memorandum, the Department shall notify the State
14Comptroller, who shall cause the warrant to be drawn for the
15amount specified, and to the person named, in the notification
16from the Department. The refund shall be paid by the State
17Treasurer out of the Illinois tourism tax fund.
18    Persons subject to any tax imposed under authority granted
19by this Section may reimburse themselves for their tax
20liability for that tax by separately stating the tax as an
21additional charge, which charge may be stated in combination,
22in a single amount, with State tax imposed under the Hotel
23Operators' Occupation Tax Act.
24    The Department shall forthwith pay over to the State
25Treasurer, ex-officio, as trustee, all taxes and penalties
26collected hereunder. On or before the 25th day of each calendar

 

 

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1month, the Department shall prepare and certify to the
2Comptroller the disbursement of stated sums of money to named
3municipalities from which lessors have paid taxes or penalties
4hereunder to the Department during the second preceding
5calendar month. The amount to be paid to each municipality
6shall be the amount (not including credit memoranda) collected
7hereunder during the second preceding calendar month by the
8Department, and not including an amount equal to the amount of
9refunds made during the second preceding calendar month by the
10Department on behalf of the municipality, less 4% of the
11balance, which sum shall be retained by the State Treasurer to
12cover the costs incurred by the Department in administering and
13enforcing the provisions of this Section, as provided herein.
14The Department, at the time of each monthly disbursement to the
15municipalities, shall prepare and certify to the Comptroller
16the amount so retained by the State Treasurer, which shall be
17paid into the General Revenue Fund of the State Treasury.
18    Within 10 days after receipt by the Comptroller of the
19disbursement certification to the municipalities and the
20General Revenue Fund provided for in this Section to be given
21to the Comptroller by the Department, the Comptroller shall
22cause the warrants to be drawn for the respective amounts in
23accordance with the directions contained in the certification.
24    Nothing in this Section shall be construed to authorize a
25municipality to impose a tax upon the privilege of engaging in
26any business that, under the Constitution of the United States,

 

 

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1may not be made the subject of taxation by this State.
2    An ordinance or resolution imposing a tax hereunder or
3effecting a change in the rate thereof shall be effective on
4the first day of the calendar month next following the
5expiration of the publication period provided in Section 1-2-4
6in respect to municipalities governed by that Section.
7    The corporate authorities of any municipality that levies a
8tax authorized by this Section shall transmit to the Department
9of Revenue on or not later than 5 days after the effective date
10of the ordinance or resolution a certified copy of the
11ordinance or resolution imposing the tax; whereupon, the
12Department of Revenue shall proceed to administer and enforce
13this Section on behalf of the municipality as of the effective
14date of the ordinance or resolution. Upon a change in rate of a
15tax levied hereunder, or upon the discontinuance of the tax,
16the corporate authorities of the municipality shall, on or not
17later than 5 days after the effective date of the ordinance or
18resolution discontinuing the tax or effecting a change in rate,
19transmit to the Department of Revenue a certified copy of the
20ordinance or resolution effecting the change or
21discontinuance. The amounts disbursed to any municipality
22under this Section shall be expended by the municipality solely
23to promote tourism, conventions and other special events within
24that municipality or otherwise to attract nonresidents to visit
25the municipality.
26    Notwithstanding any provision of this Section to the

 

 

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1contrary, the corporate authorities of a municipality may, by
2ordinance, provide for the amounts collected pursuant to this
3Section to be deposited into the general fund of the
4municipality for any municipal purpose.
5    Any municipality receiving and disbursing money under this
6Section shall report on or before the first Monday in January
7of each year to the Advisory Committee of the Illinois Tourism
8Promotion Fund, created by Section 12 of the Illinois Promotion
9Act. The reports shall specify the purposes for which the
10disbursements were made and shall contain detailed amounts of
11all receipts and disbursements under this Section.
12    This Section may be cited as the Tourism, Conventions and
13Other Special Events Promotion Act of 1967.
14(Source: P.A. 87-205; 87-733; 87-895.)
 
15    (65 ILCS 5/8-3-14)  (from Ch. 24, par. 8-3-14)
16    Sec. 8-3-14. Municipal hotel operators' occupation tax.
17The corporate authorities of any municipality may impose a tax
18upon all persons engaged in such municipality in the business
19of renting, leasing or letting rooms in a hotel, as defined in
20"The Hotel Operators' Occupation Tax Act," at a rate not to
21exceed 6% in the City of East Peoria and in the Village of
22Morton and 5% in all other municipalities of the gross rental
23receipts from such renting, leasing or letting, excluding,
24however, from gross rental receipts, the proceeds of such
25renting, leasing or letting to permanent residents of that

 

 

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1hotel and proceeds from the tax imposed under subsection (c) of
2Section 13 of the Metropolitan Pier and Exposition Authority
3Act, and may provide for the administration and enforcement of
4the tax, and for the collection thereof from the persons
5subject to the tax, as the corporate authorities determine to
6be necessary or practicable for the effective administration of
7the tax. The municipality may not impose a tax under this
8Section if it imposes a tax under Section 8-3-14a.
9    Persons subject to any tax imposed pursuant to authority
10granted by this Section may reimburse themselves for their tax
11liability for such tax by separately stating such tax as an
12additional charge, which charge may be stated in combination,
13in a single amount, with State tax imposed under "The Hotel
14Operators' Occupation Tax Act".
15    Nothing in this Section shall be construed to authorize a
16municipality to impose a tax upon the privilege of engaging in
17any business which under the constitution of the United States
18may not be made the subject of taxation by this State.
19    The amounts collected by any municipality pursuant to this
20Section shall be expended by the municipality solely to promote
21tourism and conventions within that municipality or otherwise
22to attract nonresident overnight visitors to the municipality.
23    Notwithstanding any provision of this Section to the
24contrary, the corporate authorities of a municipality may, by
25ordinance, provide for the amounts collected pursuant to this
26Section to be deposited into the general fund of the

 

 

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1municipality for any municipal purpose.
2    No funds received pursuant to this Section shall be used to
3advertise for or otherwise promote new competition in the hotel
4business.
5(Source: P.A. 95-967, eff. 9-23-08; 96-238, eff. 8-11-09.)
 
6    (65 ILCS 5/8-3-14a)
7    Sec. 8-3-14a. Municipal hotel use tax.
8    (a) The corporate authorities of any municipality may
9impose a tax upon the privilege of renting or leasing rooms in
10a hotel within the municipality at a rate not to exceed 5% of
11the rental or lease payment. The corporate authorities may
12provide for the administration and enforcement of the tax and
13for the collection thereof from the persons subject to the tax,
14as the corporate authorities determine to be necessary or
15practical for the effective administration of the tax.
16    (b) Each hotel in the municipality shall collect the tax
17from the person making the rental or lease payment at the time
18that the payment is tendered to the hotel. The hotel shall, as
19trustee, remit the tax to the municipality.
20    (c) The tax authorized under this Section does not apply to
21any rental or lease payment by a permanent resident of that
22hotel or to any payment made to any hotel that is subject to
23the tax imposed under subsection (c) of Section 13 of the
24Metropolitan Pier and Exposition Authority Act. A municipality
25may not impose a tax under this Section if it imposes a tax

 

 

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1under Section 8-3-14. Nothing in this Section may be construed
2to authorize a municipality to impose a tax upon the privilege
3of engaging in any business that under the Constitution of the
4United States may not be made the subject of taxation by this
5State.
6    (d) The moneys collected by a municipality under this
7Section may be expended solely to promote tourism and
8conventions within that municipality or otherwise to attract
9nonresident overnight visitors to the municipality. No moneys
10received under this Section may be used to advertise for or
11otherwise promote new competition in the hotel business.
12    (d-5) Notwithstanding any provision of this Section to the
13contrary, the corporate authorities of a municipality may, by
14ordinance, provide for the amounts collected pursuant to this
15Section to be deposited into the general fund of the
16municipality for any municipal purpose.
17    (e) As used in this Section, "hotel" has the meaning set
18forth in Section 2 of the Hotel Operators' Occupation Tax Act.
19(Source: P.A. 96-238, eff. 8-11-09.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.