Full Text of SB3183 97th General Assembly
SB3183ham002 97TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 12/3/2012
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| 1 | | AMENDMENT TO SENATE BILL 3183
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3183 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1030 and adding Section 5-1134 as follows:
| 6 | | (55 ILCS 5/5-1030) (from Ch. 34, par. 5-1030)
| 7 | | Sec. 5-1030. Hotel rooms, tax on gross rental receipts. | 8 | | (a) The
corporate authorities of any county may by
| 9 | | ordinance impose a tax upon all persons engaged in such county | 10 | | in the
business of renting, leasing or letting rooms in a hotel | 11 | | which is not
located within a city, village, or incorporated | 12 | | town that imposes a tax
under Section 8-3-14 of the Illinois | 13 | | Municipal Code, as defined in "The
Hotel Operators' Occupation | 14 | | Tax Act", at a rate not to exceed 5% of the
gross rental | 15 | | receipts from such renting, leasing or letting, excluding,
| 16 | | however, from gross rental receipts, the proceeds of such |
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| 1 | | renting,
leasing or letting to permanent residents of that | 2 | | hotel, and may provide
for the administration and enforcement | 3 | | of the tax, and for the
collection thereof from the persons | 4 | | subject to the tax, as the corporate
authorities determine to | 5 | | be necessary or practicable for the effective
administration of | 6 | | the tax.
| 7 | | (b) With the consent of municipalities representing at | 8 | | least 67% of the population of Winnebago County, as determined | 9 | | by the 2010 federal decennial census and as expressed by | 10 | | resolution of the corporate authorities of those | 11 | | municipalities, the county board of Winnebago County may, by | 12 | | ordinance, impose a tax upon all persons engaged in the county | 13 | | in the business of renting, leasing, or letting rooms in a | 14 | | hotel that imposes a tax under Section 8-3-14 of the Illinois | 15 | | Municipal Code, as defined in "The Hotel Operators' Occupation | 16 | | Tax Act", at a rate not to exceed 2% of the gross rental | 17 | | receipts from renting, leasing, or letting, excluding, | 18 | | however, from gross rental receipts, the proceeds of the | 19 | | renting, leasing, or letting to permanent residents of that | 20 | | hotel, and may provide for the administration and enforcement | 21 | | of the tax, and for the collection thereof from the persons | 22 | | subject to the tax, as the county board determines to be | 23 | | necessary or practicable for the effective administration of | 24 | | the tax. The tax shall be instituted on a county-wide basis and | 25 | | shall be in addition to any tax imposed by this or any other | 26 | | provision of law. The revenue generated under this subsection |
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| 1 | | shall be accounted for and segregated from all other funds of | 2 | | the county and shall be utilized solely for either: (1) | 3 | | encouraging, supporting, marketing, constructing, or | 4 | | operating, either directly by the county or through other | 5 | | taxing bodies within the county, sports, arts, or other | 6 | | entertainment or tourism facilities or programs for the purpose | 7 | | of promoting tourism, competitiveness, job growth, and for the | 8 | | general health and well-being of the citizens of the county; or | 9 | | (2) payment towards debt services on bonds issued for the | 10 | | purposes set forth in this subsection. | 11 | | (c) A Tourism Facility Board shall be established, | 12 | | comprised of a representative from the county and from each | 13 | | municipality that has approved the imposition of the tax under | 14 | | subsection (b) of this Section. | 15 | | (1) A Board member's vote is weighted based on the | 16 | | municipality's population relative to the population of | 17 | | the county, with the county representing the population | 18 | | within unincorporated areas of the county. Representatives | 19 | | from the Rockford Park District and Rockford Area | 20 | | Convention and Visitors Bureau shall serve as ex-officio | 21 | | members with no voting rights. | 22 | | (2) The Board must meet not less frequently than once | 23 | | per year to direct the use of revenues collected from the | 24 | | tax imposed under subsection (b) of this Section that are | 25 | | not already directed for use pursuant to an | 26 | | intergovernmental agreement between the county and another |
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| 1 | | entity represented on the Board, including the ex-officio | 2 | | members, and for any other reason the Board deems | 3 | | necessary. Affirmative actions of the Board shall require a | 4 | | weighted vote of Board members representing not less than | 5 | | 67% of the population of the county. | 6 | | (3) The Board shall not be a separate unit of local | 7 | | government, shall have no paid staff, and members of the | 8 | | Board shall receive no compensation or reimbursement of | 9 | | expenses from proceeds of the tax imposed under subsection | 10 | | (b) of this Section. | 11 | | (d) Persons subject to any tax imposed pursuant to | 12 | | authority granted by
this Section may reimburse themselves for | 13 | | their tax liability for such
tax by separately stating such tax | 14 | | as an additional charge, which charge
may be stated in | 15 | | combination, in a single amount, with State tax imposed
under | 16 | | "The Hotel Operators' Occupation Tax Act".
| 17 | | Nothing in this Section shall be construed to authorize a | 18 | | county to
impose a tax upon the privilege of engaging in any | 19 | | business which under
the Constitution of the United States may | 20 | | not be made the subject of
taxation by this State.
| 21 | | An ordinance or resolution imposing a tax hereunder or | 22 | | effecting a
change in the rate thereof shall be effective on | 23 | | the first day of the
calendar month next following its passage | 24 | | and required publication.
| 25 | | The amounts collected by any county pursuant to this | 26 | | Section shall be
expended to promote tourism; conventions; |
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| 1 | | expositions; theatrical,
sports and cultural activities within | 2 | | that county or otherwise to attract
nonresident overnight | 3 | | visitors to the county.
| 4 | | Any county may agree with any unit of local government, | 5 | | including any
authority defined as a metropolitan exposition, | 6 | | auditorium and office
building authority, fair and exposition | 7 | | authority, exposition and
auditorium authority, or civic | 8 | | center authority created pursuant to
provisions of Illinois law | 9 | | and the territory of which unit of local
government or | 10 | | authority is co-extensive with or wholly within such
county, to | 11 | | impose and collect for a period not to exceed 40 years, any
| 12 | | portion or all of the tax authorized pursuant to this Section | 13 | | and to
transmit such tax so collected to such unit of local | 14 | | government or
authority. The amount so paid shall be expended | 15 | | by any such unit of
local government or authority for the | 16 | | purposes for which such tax is
authorized. Any such agreement | 17 | | must be authorized by resolution or
ordinance, as the case may | 18 | | be, of such county and unit of local
government or authority, | 19 | | and such agreement may provide for the
irrevocable imposition | 20 | | and collection of said tax at such rate, or
amount as limited | 21 | | by a given rate, as may be agreed upon for the full
period of | 22 | | time set forth in such agreement; and such agreement may
| 23 | | further provide for any other terms as deemed necessary or | 24 | | advisable by
such county and such unit of local government or | 25 | | authority. Any such
agreement shall be binding and enforceable | 26 | | by either party to such
agreement. Such agreement entered into |
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| 1 | | pursuant to this Section shall
not in any event constitute an | 2 | | indebtedness of such county subject to
any limitation imposed | 3 | | by statute or otherwise.
| 4 | | (Source: P.A. 86-962.)
| 5 | | (55 ILCS 5/5-1134 new) | 6 | | Sec. 5-1134. Project labor agreements. | 7 | | (a) Any sports, arts, or entertainment facilities that | 8 | | receive revenue from a tax imposed under subsection (b) of | 9 | | Section 5-1030 of this Code shall be considered to be public | 10 | | works within the meaning of the Prevailing Wage Act. The county | 11 | | authorities responsible for the construction, renovation, | 12 | | modification, or alteration of the sports, arts, or | 13 | | entertainment facilities shall enter into project labor | 14 | | agreements with labor organizations as defined in the National | 15 | | Labor Relations Act to assure that no labor dispute interrupts | 16 | | or interferes with the construction, renovation, modification, | 17 | | or alteration of the projects. | 18 | | (b) The project labor agreements must include the | 19 | | following: | 20 | | (1) provisions establishing the minimum hourly wage | 21 | | for each class of labor organization employees; | 22 | | (2) provisions establishing the benefits and other | 23 | | compensation for such class of labor organization; and | 24 | | (3) provisions establishing that no strike or disputes | 25 | | will be engaged in by the labor organization employees. |
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| 1 | | The county, taxing bodies, municipalities, and the labor | 2 | | organizations shall have the authority to include other terms | 3 | | and conditions as they deem necessary. | 4 | | (c) The project labor agreement shall be filed with the | 5 | | Director of the Illinois Department of Labor in accordance with | 6 | | procedures established by the Department. At a minimum, the | 7 | | project labor agreement must provide the names, addresses, and | 8 | | occupations of the owner of the facilities and the individuals | 9 | | representing the labor organization employees participating in | 10 | | the project labor agreement. The agreement must also specify | 11 | | the terms and conditions required in subsection (b) of this | 12 | | Section. | 13 | | (d) In any agreement for the construction or rehabilitation | 14 | | of a facility using revenue generated under subsection (b) of | 15 | | Section 5-1030 of this Code, in connection with the | 16 | | prequalification of general contractors for construction or | 17 | | rehabilitation of the facility, it shall be required that a | 18 | | commitment will be submitted detailing how the general | 19 | | contractor will expend 15% or more of the aggregate dollar | 20 | | value of the project as a whole with one or more minority owned | 21 | | businesses, female-owned businesses, or businesses owned by a | 22 | | person with a disability, as these terms are defined in Section | 23 | | 2 of the Business Enterprise for Minorities, Females, and | 24 | | Persons with Disabilities Act. ".
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