HB3729 96TH GENERAL ASSEMBLY

LRB096 09408 RLJ 19565 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3729

Introduced 2/25/2009, by Rep. Sidney H. Mathias - Elaine Nekritz

SYNOPSIS AS INTRODUCED:

65 ILCS 5/8-3-14

from Ch. 24, par. 8-3-14

Amends the Illinois Municipal Code. In a Section pertaining to the expenditure of the amounts collected by a municipality from a tax on hotel rooms, provides that a municipality may expend the money collected from the tax for any municipal purpose. Deletes the requirement that a municipality must expend the amounts collected from the tax solely to promote tourism and conventions and to attract nonresident overnight visitors. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 8-3-14 as follows:

(65 ILCS 5/8-3-14) (from Ch. 24, par. 8-3-14)

Sec. 8-3-14. The corporate authorities of any municipality may impose a tax upon all persons engaged in such municipality in the business of renting, leasing or letting rooms in a hotel, as defined in "The Hotel Operators' Occupation Tax Act," at a rate not to exceed 6% in the City of East Peoria and in the Village of Morton and 5% in all other municipalities of the gross rental receipts from such renting, leasing or letting, excluding, however, from gross rental receipts, the proceeds of such renting, leasing or letting to permanent residents of that hotel and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act, and may provide for the administration and enforcement of the tax, and for the collection thereof from the persons subject to the tax, as the corporate authorities determine to be necessary or practicable for the effective administration of the tax.

Persons subject to any tax imposed pursuant to authority granted by this Section may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax imposed under "The Hotel Operators' Occupation Tax Act".

Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State.

The amounts collected by any municipality pursuant to this Section may shall be expended by the municipality for any municipal purpose including but not limited to solely to promote promoting tourism and conventions within that municipality and attracting or otherwise to attract nonresident overnight visitors to the municipality.

No funds received pursuant to this Section shall be used to advertise for or otherwise promote new competition in the hotel business.

(Source: P.A. 95-967, eff. 9-23-08.)

Section 99. Effective date. This Act takes effect upon becoming law.