Full Text of HB2473 95th General Assembly
HB2473eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Promotion Act is amended by | 5 |
| changing Section 4a as follows:
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| (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
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| Sec. 4a. Funds.
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| (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.
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| As soon as possible after the first day of each month , | 13 |
| beginning July 1,
1997 , upon certification of the Department of | 14 |
| Revenue, the Comptroller shall
order transferred and the | 15 |
| Treasurer shall transfer from the General Revenue
Fund to the | 16 |
| Tourism Promotion Fund an amount equal to 17%
13% of the net
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| revenue realized from the Hotel Operators' Occupation Tax Act | 18 |
| plus an amount
equal to 17%
13% of the net revenue realized | 19 |
| from any tax imposed under
Section
4.05 of the Chicago World's | 20 |
| Fair-1992 Authority Act during the preceding month.
"Net | 21 |
| revenue realized for a month" means the revenue collected by | 22 |
| the State
under that Act during the previous month less the | 23 |
| amount paid out during that
same month as refunds to taxpayers |
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| for overpayment of liability under that
Act.
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| (1.1) (Blank).
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| (2) As soon as possible after the first day of each month ,
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| beginning July 1,
1997 , upon certification of the Department of | 5 |
| Revenue, the Comptroller shall
order transferred and the | 6 |
| Treasurer shall transfer from the General Revenue
Fund to the | 7 |
| Tourism
Promotion Fund an amount equal to 11%
8% of the net | 8 |
| revenue realized from the Hotel
Operators' Occupation Tax plus | 9 |
| an amount equal to 11%
8% of the net revenue
realized from any | 10 |
| tax imposed under Section 4.05 of the Chicago World's
Fair-1992 | 11 |
| Authority Act during the preceding month. "Net revenue realized | 12 |
| for
a
month" means the revenue collected by the State under | 13 |
| that Act during the
previous month less the amount paid out | 14 |
| during that same month as refunds to
taxpayers for overpayment | 15 |
| of liability under that Act.
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| All monies deposited in the Tourism Promotion Fund under | 17 |
| this
subsection (2) shall be used solely as provided in this | 18 |
| subsection to
advertise and promote tourism throughout | 19 |
| Illinois. Appropriations of monies
deposited in the Tourism | 20 |
| Promotion Fund pursuant to this subsection (2)
shall be used | 21 |
| solely for advertising to promote tourism, including but not
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| limited to advertising production and direct advertisement | 23 |
| costs, but shall
not be used to employ any additional staff, | 24 |
| finance any individual event,
or lease, rent or purchase any | 25 |
| physical facilities. The Department shall
coordinate its | 26 |
| advertising under this subsection (2) with other public and
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| private entities in the State engaged in similar promotion | 2 |
| activities.
Print or electronic media production made pursuant | 3 |
| to this subsection (2)
for advertising promotion shall not | 4 |
| contain or include the physical
appearance of or reference to | 5 |
| the name or position of any public officer.
"Public officer" | 6 |
| means a person who is elected to office pursuant to
statute, or | 7 |
| who is appointed to an office which is established, and the
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| qualifications and duties of which are prescribed, by statute, | 9 |
| to discharge
a public duty for the State or any of its | 10 |
| political subdivisions.
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| (Source: P.A. 91-472, eff. 8-10-99; 92-38, eff. 6-28-01.)
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| Section 10. The Hotel Operators' Occupation Tax Act is | 13 |
| amended by changing Section 6 as follows:
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| (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
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| Sec. 6. Except as provided hereinafter in this Section, on | 16 |
| or before
the last day of each calendar month, every person | 17 |
| engaged in the
business of renting, leasing or letting rooms in | 18 |
| a hotel in this State
during the preceding calendar month shall | 19 |
| file a return with the
Department, stating:
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| 1. The name of the operator;
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| 2. His residence address and the address of his | 22 |
| principal place of
business and the address of the | 23 |
| principal place of business (if that is
a different | 24 |
| address) from which he engages in the business of renting,
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| leasing or letting rooms in a hotel in this State;
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| 3. Total amount of rental receipts received by him | 3 |
| during the
preceding calendar month from renting, leasing | 4 |
| or letting rooms during
such preceding calendar month;
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| 4. Total amount of rental receipts received by him | 6 |
| during the
preceding calendar month from renting, leasing | 7 |
| or letting rooms to
permanent residents during such | 8 |
| preceding calendar month;
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| 5. Total amount of other exclusions from gross rental | 10 |
| receipts
allowed by this Act;
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| 6. Gross rental receipts which were received by him | 12 |
| during the
preceding calendar month and upon the basis of | 13 |
| which the tax is imposed;
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| 7. The amount of tax due;
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| 8. Such other reasonable information as the Department | 16 |
| may require.
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| If the operator's average monthly tax liability to the | 18 |
| Department
does not exceed $200, the Department may authorize | 19 |
| his returns to be
filed on a quarter annual basis, with the | 20 |
| return for January, February
and March of a given year being | 21 |
| due by April 30 of such year; with the
return for April, May | 22 |
| and June of a given year being due by July 31 of
such year; with | 23 |
| the return for July, August and September of a given
year being | 24 |
| due by October 31 of such year, and with the return for
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| October, November and December of a given year being due by | 26 |
| January 31
of the following year.
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| If the operator's average monthly tax liability to the | 2 |
| Department
does not exceed $50, the Department may authorize | 3 |
| his returns to be
filed on an annual basis, with the return for | 4 |
| a given year being due by
January 31 of the following year.
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| Such quarter annual and annual returns, as to form and | 6 |
| substance,
shall be subject to the same requirements as monthly | 7 |
| returns.
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| Notwithstanding any other provision in this Act concerning | 9 |
| the time
within which an operator may file his return, in the | 10 |
| case of any
operator who ceases to engage in a kind of business | 11 |
| which makes him
responsible for filing returns under this Act, | 12 |
| such operator shall file
a final return under this Act with the | 13 |
| Department not more than 1 month
after discontinuing such | 14 |
| business.
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| Where the same person has more than 1 business registered | 16 |
| with the
Department under separate registrations under this | 17 |
| Act, such person
shall not file each return that is due as a | 18 |
| single return covering all
such registered businesses, but | 19 |
| shall file separate returns for each
such registered business.
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| In his return, the operator shall determine the value of | 21 |
| any
consideration other than money received by him in | 22 |
| connection with the
renting, leasing or letting of rooms in the | 23 |
| course of his business and
he shall include such value in his | 24 |
| return. Such determination shall be
subject to review and | 25 |
| revision by the Department in the manner
hereinafter provided | 26 |
| for the correction of returns.
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| Where the operator is a corporation, the return filed on | 2 |
| behalf of
such corporation shall be signed by the president, | 3 |
| vice-president,
secretary or treasurer or by the properly | 4 |
| accredited agent of such
corporation.
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| The person filing the return herein provided for shall, at | 6 |
| the time of
filing such return, pay to the Department the | 7 |
| amount of tax herein imposed.
The operator filing the return | 8 |
| under this Section shall, at the time of
filing such return, | 9 |
| pay to the Department the amount of tax imposed by this
Act | 10 |
| less a discount of 2.1% or $25 per calendar year, whichever is | 11 |
| greater,
which is allowed to reimburse the operator for the | 12 |
| expenses incurred in
keeping records, preparing and filing | 13 |
| returns, remitting the tax and
supplying data to the Department | 14 |
| on request.
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| There shall be deposited in the Build Illinois Fund in the | 16 |
| State
Treasury for each State fiscal year 40% of the amount of | 17 |
| total
net proceeds from the tax imposed by subsection (a) of | 18 |
| Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | 19 |
| in the Illinois
Sports Facilities Fund and credited to the | 20 |
| Subsidy Account each fiscal
year by making monthly deposits in | 21 |
| the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | 22 |
| such deposits for prior months, and an
additional $8,000,000 | 23 |
| shall be deposited in the Illinois Sports Facilities
Fund and | 24 |
| credited to the Advance Account each fiscal year by making | 25 |
| monthly
deposits in the amount of 1/8 of $8,000,000 plus any | 26 |
| cumulative deficiencies
in such deposits for prior months; |
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| provided, that for fiscal years ending
after June 30, 2001, the | 2 |
| amount to be so deposited into the Illinois
Sports Facilities | 3 |
| Fund and credited to the Advance Account each fiscal year
shall | 4 |
| be increased from $8,000,000 to the then applicable Advance | 5 |
| Amount and
the required monthly deposits beginning with July | 6 |
| 2001 shall be in the amount
of 1/8 of the then applicable | 7 |
| Advance Amount plus any cumulative deficiencies
in those | 8 |
| deposits for prior months. (The deposits of the additional | 9 |
| $8,000,000
or the then applicable Advance Amount, as | 10 |
| applicable,
during each fiscal year shall be treated as | 11 |
| advances
of funds to the Illinois Sports Facilities Authority | 12 |
| for its corporate
purposes to the extent paid to the Authority | 13 |
| or its trustee and shall be
repaid into the General Revenue | 14 |
| Fund in the State Treasury by the State
Treasurer on behalf of | 15 |
| the Authority pursuant to Section 19 of the Illinois
Sports | 16 |
| Facilities Authority Act, as amended. If in any fiscal year the | 17 |
| full
amount of the then applicable Advance Amount
is not repaid | 18 |
| into the General Revenue Fund, then the deficiency shall be | 19 |
| paid
from the amount in the Local Government Distributive Fund | 20 |
| that would otherwise
be allocated to the City of Chicago under | 21 |
| the State Revenue Sharing Act.)
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| For purposes of the foregoing paragraph, the term "Advance | 23 |
| Amount"
means, for fiscal year 2002, $22,179,000, and for | 24 |
| subsequent fiscal years
through fiscal year 2032, 105.615% of | 25 |
| the Advance Amount for the immediately
preceding fiscal year, | 26 |
| rounded up to the nearest $1,000.
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| Of the remaining 60% of the amount of total net proceeds | 2 |
| from the tax
imposed by subsection (a) of Section 3 after all | 3 |
| required deposits in the
Illinois Sports Facilities Fund, the | 4 |
| amount equal to 12%
8% of the net revenue
realized from the | 5 |
| Hotel Operators' Occupation Tax Act plus an amount equal to 12%
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| 8% of the net revenue realized from any tax imposed under | 7 |
| Section 4.05 of the
Chicago World's Fair-1992 Authority Act | 8 |
| during the preceding month shall be
deposited in the Local | 9 |
| Tourism Fund each month for purposes authorized by
Section | 10 |
| 605-705 of the Department of Commerce and Economic Opportunity
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| Community Affairs Law (20 ILCS 605/605-705) in the Local | 12 |
| Tourism Fund ,
and beginning August 1, 1999, the amount equal to | 13 |
| 6%
4.5% of the net revenue
realized from the Hotel Operators' | 14 |
| Occupation Tax Act during the preceding
month shall be | 15 |
| deposited into the International Tourism Fund for the purposes
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| authorized in Section 605-707
605-725 of the Department of | 17 |
| Commerce
and Economic Opportunity
Community Affairs Law , and | 18 |
| the amount equal to 1% of the amount of total net revenue | 19 |
| realized from the tax imposed by subsection (a) of Section 3 | 20 |
| during the preceding
month must be deposited in the Local | 21 |
| Planning Fund in the State treasury . "Net
revenue realized for | 22 |
| a month" means the revenue collected by the State under
that | 23 |
| Act during the previous month less the amount paid out during | 24 |
| that same
month as refunds to taxpayers for overpayment of | 25 |
| liability under that Act.
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| After making all these deposits, all other proceeds of the |
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| tax imposed under
subsection (a) of Section 3 shall be | 2 |
| deposited in the General Revenue Fund in
the State Treasury. | 3 |
| All moneys received by the Department from the additional
tax | 4 |
| imposed under subsection (b) of Section 3 shall be deposited | 5 |
| into the Build
Illinois Fund in the State Treasury.
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| The Department may, upon separate written notice to a | 7 |
| taxpayer, require
the taxpayer to prepare and file with the | 8 |
| Department on a form prescribed
by the Department within not | 9 |
| less than 60 days after receipt of the notice
an annual | 10 |
| information return for the tax year specified in the notice.
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| Such annual return to the Department shall include a statement | 12 |
| of gross
receipts as shown by the operator's last State income | 13 |
| tax return. If the
total receipts of the business as reported | 14 |
| in the State income tax return
do not agree with the gross | 15 |
| receipts reported to the Department for the
same period, the | 16 |
| operator shall attach to his annual information return a
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| schedule showing a reconciliation of the 2 amounts and the | 18 |
| reasons for the
difference. The operator's annual information | 19 |
| return to the Department
shall also disclose pay roll | 20 |
| information of the operator's business during
the year covered | 21 |
| by such return and any additional reasonable information
which | 22 |
| the Department deems would be helpful in determining the | 23 |
| accuracy of
the monthly, quarterly or annual tax returns by | 24 |
| such operator as
hereinbefore provided for in this Section.
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| If the annual information return required by this Section | 26 |
| is not filed
when and as required the taxpayer shall be liable |
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| for a penalty in an
amount determined in accordance with | 2 |
| Section 3-4 of the Uniform Penalty and
Interest Act until such | 3 |
| return is filed as required, the penalty to be
assessed and | 4 |
| collected in the same manner as any other penalty provided
for | 5 |
| in this Act.
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| The chief executive officer, proprietor, owner or highest | 7 |
| ranking manager
shall sign the annual return to certify the | 8 |
| accuracy of the information
contained therein. Any person who | 9 |
| willfully signs the annual return containing
false or | 10 |
| inaccurate information shall be guilty of perjury and punished
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| accordingly. The annual return form prescribed by the | 12 |
| Department shall
include a warning that the person signing the | 13 |
| return may be liable for perjury.
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| The foregoing portion of this Section concerning the filing | 15 |
| of an annual
information return shall not apply to an operator | 16 |
| who is not required to
file an income tax return with the | 17 |
| United States Government.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-600, eff. 6-28-02; | 19 |
| revised 10-15-03.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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