State of Illinois
92^nd General Assembly
Legislation

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92_HB3017eng

 
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 1        AN ACT concerning tourism.

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

 4        Section  10.   The  Department  of Commerce and Community
 5    Affairs Law of the Civil Administrative Code of  Illinois  is
 6    amended by changing Sections 605-705 and 605-710 as follows:

 7        (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
 8        Sec.  605-705.  Grants  to  local  tourism and convention
 9    bureaus.
10        (a)  To establish a grant program for local  tourism  and
11    convention   bureaus.    The   Department  will  develop  and
12    implement a program for the use of funds, as authorized under
13    this Act, by local tourism and convention bureaus.   For  the
14    purposes  of  this Act, bureaus eligible to receive funds are
15    those local tourism  and  convention  bureaus  that  are  (i)
16    either   units   of   local  government  or  incorporated  as
17    not-for-profit organizations; (ii) in legal existence  for  a
18    minimum  of 2 years before July 1, 2001; (iii) operating with
19    a paid, full-time staff whose  sole  purpose  is  to  promote
20    tourism  in  the designated service area; and (iv) affiliated
21    with one or more municipalities or counties that support  the
22    bureau  with  local  hotel-motel  taxes.  After July 1, 2001,
23    bureaus requesting certification in order  to  receive  funds
24    for  the  first  time  must  be  local tourism and convention
25    bureaus that are (i) either  units  of  local  government  or
26    incorporated  as  not-for-profit organizations; (ii) in legal
27    existence for a minimum of 2 years  before  the  request  for
28    certification;  (iii)  operating with a paid, full-time staff
29    whose sole purpose is to promote tourism  in  the  designated
30    service    area;    and   (iv)   affiliated   with   multiple
31    municipalities or counties that support the bureau with local
 
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 1    hotel-motel taxes  bureaus  eligible  to  receive  funds  are
 2    defined  as those bureaus in legal existence as of January 1,
 3    1985  that  are  either  a  unit  of  local   government   or
 4    incorporated as a not-for-profit organization, are affiliated
 5    with at least one municipality or county, and employ one full
 6    time  staff  person whose purpose is to promote tourism. Each
 7    bureau receiving funds under this Act will  be  certified  by
 8    the  Department  as the designated recipient to serve an area
 9    of the State. These funds may not be used in support  of  the
10    Chicago World's Fair.
11        (b)  To distribute grants to local tourism and convention
12    bureaus  from appropriations made from the Local Tourism Fund
13    for that purpose.  Of the amounts  appropriated  annually  to
14    the  Department for expenditure under this Section, one-third
15    of those monies shall be used for grants  to  convention  and
16    tourism  bureaus  in  cities  with  a population greater than
17    500,000.    The   remaining   two-thirds   of   the    annual
18    appropriation  shall  be  used  for  grants to convention and
19    tourism bureaus in the remainder of the State, in  accordance
20    with  a  formula  based  upon  the  population  served.   The
21    Department may reserve up to 10% of the total appropriated to
22    conduct audits of grants, to provide incentive funds to those
23    bureaus  that will conduct promotional activities designed to
24    further the Department's statewide advertising  campaign,  to
25    fund  special  statewide  promotional activities, and to fund
26    promotional activities that support an increased use  of  the
27    State's parks or historic sites.
28    (Source:  P.A.  90-26,  eff.  7-1-97;  91-239,  eff.  1-1-00;
29    91-357, eff. 7-29-99; revised 8-4-99.)

30        (20 ILCS 605/605-710)
31        Sec.     605-710.      Regional    tourism    development
32    organizations. The Department may, subject to  appropriation,
33    provide grants contractual funding from the Tourism Promotion
 
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 1    Fund  for the administrative costs of not-for-profit regional
 2    tourism development organizations that assist the  Department
 3    in  developing tourism throughout a multi-county geographical
 4    area  designated  by  the   Department.    Regional   tourism
 5    development  organizations receiving funds under this Section
 6    may be required by the Department  to  submit  to  audits  of
 7    contracts  awarded by the Department to determine whether the
 8    regional tourism development organization has  performed  all
 9    contractual obligations under those contracts.
10        Every   employee   of   a  regional  tourism  development
11    organization  receiving  funds  under  this   Section   shall
12    disclose  to  the  organization's  governing board and to the
13    Department any economic interest that employee  may  have  in
14    any  entity  with  which  the  regional  tourism  development
15    organization  has contracted or to which the regional tourism
16    development organization has granted funds.
17    (Source: P.A.  90-26,  eff.  7-1-97;  90-655,  eff.  7-30-98;
18    91-239, eff. 1-1-00.)

19        Section  15.   The  Illinois  Promotion Act is amended by
20    changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9,  10,  11,  13,
21    13a, and 14 as follows:

22        (20 ILCS 665/1) (from Ch. 127, par. 200-21)
23        Sec. 1. Short title. This Act shall be known and cited as
24    the Illinois Promotion Act.
25    (Source: Laws 1963, p. 2209.)

26        (20 ILCS 665/2) (from Ch. 127, par. 200-22)
27        Sec.   2.   Legislative  findings;  policy.  The  General
28    Assembly hereby finds, determines and declares:
29        (a)  That the health, safety, morals and general  welfare
30    of  the  people  of the State are directly dependent upon the
31    continual encouragement, development, growth and expansion of
 
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 1    tourism within the State;
 2        (b)  That unemployment, the spread of indigency, and  the
 3    heavy   burden   of   public   assistance   and  unemployment
 4    compensation can be alleviated by the promotion,  attraction,
 5    stimulation,  development  and  expansion  of  tourism in the
 6    State;
 7        (c)  That the policy of the State  of  Illinois,  in  the
 8    interest  of promoting the health, safety, morals and welfare
 9    of all the people of the State, is to increase  the  economic
10    impact  of  tourism  job  opportunities  throughout the State
11    through promotional activities and by making available grants
12    and loans to be made to local promotion groups and others, as
13    provided in Sections 5 and 8a of this  Act,  for  promotional
14    purposes  of  promoting,  developing,  and  expanding tourism
15    destinations, tourism attractions, and tourism events.
16    (Source: Laws 1967, p. 4097.)

17        (20 ILCS 665/3) (from Ch. 127, par. 200-23)
18        Sec. 3. Definitions.   The  following  words  and  terms,
19    whenever  used  or  referred  to  in this Act, shall have the
20    following meanings, except where the  context  may  otherwise
21    require:
22        (a)  "Department"  means  the  Department of Commerce and
23    Community Affairs of the State of Illinois.
24        (b)  "Local  promotion  group"   means   any   non-profit
25    corporation,  organization,  association, agency or committee
26    thereof  formed  for  the  primary  purpose  of  publicizing,
27    promoting,   advertising   or   otherwise   encouraging   the
28    development of tourism in any municipality, county, or region
29    of Illinois.
30        (c)  "Promotional activities" means  preparing,  planning
31    and  conducting  campaigns  of  information,  advertising and
32    publicity  through   such   media   as   newspapers,   radio,
33    television,  magazines,  trade  journals,  moving  and  still
 
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 1    photography, posters, outdoor signboards and personal contact
 2    within  and  without  the State of Illinois; dissemination of
 3    information, advertising, publicity,  photographs  and  other
 4    literature  and material designed to carry out the purpose of
 5    this Act; and participation in and attendance at meetings and
 6    conventions  concerned  primarily  with  tourism,   including
 7    travel to and from such meetings.
 8        (d)  "Municipality"  means  "municipality"  as defined in
 9    Section 1-1-2 of the Illinois Municipal Code,  as  heretofore
10    and hereafter amended.
11        (e)  "Tourism"  means  travel 50 miles or more one-way or
12    an overnight trip outside of a person's normal routine.
13    (Source: P.A. 81-1509.)

14        (20 ILCS 665/4) (from Ch. 127, par. 200-24)
15        Sec. 4. Powers. The Department shall have  the  following
16    powers:
17        (a)  To  formulate a program for the promotion of tourism
18    and the film industry in the State  of  Illinois,  including,
19    but not limited to, the promotion of our State Parks, fishing
20    and  hunting  areas, historical shrines, vacation regions and
21    areas of historic or scenic interest.
22        (b)  To cooperate with civic groups and local, State  and
23    federal   departments   and   agencies,   and   agencies  and
24    departments  of  other  states  in  encouraging   educational
25    tourism and developing programs therefor.
26        (c)  To  publish  tourist  promotional  material  such as
27    brochures and booklets.
28        (d)  To promote tourism in Illinois  through  all  media,
29    including  but  not  limited to, the Internet, television, by
30    articles and  advertisements  in  magazines,  newspapers  and
31    travel   publications   and   by   establishing   promotional
32    exhibitions at fairs, travel shows, and similar exhibitions.
33        (e)  To  establish  and  maintain travel offices at major
 
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 1    points of entry to the State.
 2        (f)  To   recommend   legislation   relating    to    the
 3    encouragement of tourism in Illinois.
 4        (g) To assist municipalities or local promotion groups in
 5    developing  new tourist attractions including but not limited
 6    to   feasibility   studies   and   analyses,   research   and
 7    development, and management and marketing planning  for  such
 8    new tourist attractions.
 9        (h)  (Blank).  To  do  such  other  acts as shall, in the
10    judgment of  the  Department,  be  necessary  and  proper  in
11    fostering and promoting tourism in the State of Illinois.
12        (i)  To  implement a program of matching grants and loans
13    to counties, municipalities, or local  promotion  groups  and
14    others,  as  provided in Sections 5 and 8a of this Act, loans
15    to for-profit businesses for the development  or  improvement
16    of  tourism  attractions and tourism events in Illinois under
17    the terms and conditions provided in this Act.
18        (j)  To  expend  funds   from   the   International   and
19    Promotional  Fund,  subject to appropriation, on any activity
20    authorized under this Act.
21        (k)  To do any other acts that, in the  judgment  of  the
22    Department,   are  necessary  and  proper  in  fostering  and
23    promoting tourism in the State of Illinois.
24    (Source: P.A. 90-26, eff. 7-1-97; 91-357, eff. 7-29-99.)

25        (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
26        Sec. 4a. Funds.
27        (1)  As soon as possible after  the  first  day  of  each
28    month,  beginning July 1, 1978 and ending June 30, 1997, upon
29    certification of the Department of Revenue,  the  Comptroller
30    shall order transferred and the Treasurer shall transfer from
31    the  General  Revenue  Fund  to  a  special fund in the State
32    Treasury, to be known as the  "Tourism  Promotion  Fund",  an
33    amount  equal  to  10%  of the net revenue realized from "The
 
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 1    Hotel Operators' Occupation Tax Act",  as  now  or  hereafter
 2    amended,  plus  an  amount  equal  to  10% of the net revenue
 3    realized from any tax  imposed  under  Section  4.05  of  the
 4    Chicago  World's  Fair  -  1992  Authority  Act,  as  now  or
 5    hereafter  amended,  during  the preceding month. Net revenue
 6    realized for a month shall be the revenue  collected  by  the
 7    State pursuant to that Act during the previous month less the
 8    amount  paid  out  during  that  same  month  as  refunds  to
 9    taxpayers for overpayment of liability under that Act.
10        All  moneys  deposited  in  the  Tourism  Promotion  Fund
11    pursuant  to  this subsection are allocated to the Department
12    for utilization, as appropriated, in the performance  of  its
13    powers under Section 4.
14        As  soon  as  possible after the first day of each month,
15    beginning July 1, 1997, upon certification of the  Department
16    of  Revenue,  the Comptroller shall order transferred and the
17    Treasurer shall transfer from the General Revenue Fund to the
18    Tourism Promotion Fund an amount equal  to  13%  of  the  net
19    revenue realized from the Hotel Operators' Occupation Tax Act
20    plus  an amount equal to 13% of the net revenue realized from
21    any tax imposed under Section 4.05  of  the  Chicago  World's
22    Fair-1992  Authority  Act  during  the preceding month.  "Net
23    revenue realized for a month" means the revenue collected  by
24    the  State  under that Act during the previous month less the
25    amount  paid  out  during  that  same  month  as  refunds  to
26    taxpayers for overpayment of liability under that Act.
27        (1.1)  (Blank).
28        (2)  As soon as possible after  the  first  day  of  each
29    month,  beginning  July  1,  1997,  upon certification of the
30    Department  of   Revenue,   the   Comptroller   shall   order
31    transferred and the Treasurer shall transfer from the General
32    Revenue Fund to the Tourism Promotion Fund an amount equal to
33    8%  of  the  net  revenue  realized from the Hotel Operators'
34    Occupation Tax plus an amount equal to 8% of the net  revenue
 
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 1    realized  from  any  tax  imposed  under  Section 4.05 of the
 2    Chicago World's Fair-1992 Authority Act during the  preceding
 3    month.   "Net revenue realized for a month" means the revenue
 4    collected by the State under that  Act  during  the  previous
 5    month  less  the  amount  paid  out during that same month as
 6    refunds to taxpayers for overpayment of liability under  that
 7    Act.
 8        All  monies deposited in the Tourism Promotion Fund under
 9    this subsection (2) shall be used solely as provided in  this
10    subsection   to  advertise  and  promote  tourism  throughout
11    Illinois. Appropriations of monies deposited in  the  Tourism
12    Promotion  Fund pursuant to this subsection (2) shall be used
13    solely for advertising to promote tourism, including but  not
14    limited  to  advertising  production and direct advertisement
15    costs, but shall not be used to employ any additional  staff,
16    finance  any individual event, or lease, rent or purchase any
17    physical facilities.  The  Department  shall  coordinate  its
18    advertising  under  this subsection (2) with other public and
19    private entities in the State engaged  in  similar  promotion
20    activities.   Print   or  electronic  media  production  made
21    pursuant to this subsection  (2)  for  advertising  promotion
22    shall  not  contain  or include the physical appearance of or
23    reference to the name or  position  of  any  public  officer.
24    "Public  officer"  means  a  person  who is elected to office
25    pursuant to statute, or who is appointed to an  office  which
26    is  established,  and  the qualifications and duties of which
27    are prescribed, by statute, to discharge a  public  duty  for
28    the State or any of its political subdivisions.
29    (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655,
30    eff. 7-30-98; 91-472, eff. 8-10-99.)

31        (20 ILCS 665/5) (from Ch. 127, par. 200-25)
32        Sec. 5. Marketing and private sector programs.
33        (a)  The Department is authorized to make grants, subject
 
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 1    to  appropriation,  from  funds  transferred into the Tourism
 2    Promotion  Fund  under  subsection  (1)  of  Section  4a   to
 3    counties,  municipalities,  not-for-profit  organizations and
 4    local  promotion  groups  and  to   assist   such   counties,
 5    municipalities and local promotion groups in the promotion of
 6    tourism  attractions  and  tourism  events  their promotional
 7    activities. The Department, after review of  the  application
 8    and  if satisfied  that the program and proposed expenditures
 9    of the applicant appear to be in accord with the purposes  of
10    this Act, must grant to the applicant an amount not to exceed
11    60% of the proposed expenditures.
12        (b)  The   Department   may   make   grants,  subject  to
13    appropriation,  from  funds  transferred  into  the   Tourism
14    Promotion   Fund  under  subsection  (1)  of  Section  4a  to
15    counties, municipalities, not-for-profit organizations, local
16    promotion groups, and  for-profit  businesses  to  assist  in
17    attracting and hosting tourism events matched with funds from
18    sources in the private sector.  The Department, after  review
19    of   the   application  and  if satisfied  that  the  program
20    and proposed expenditures of the applicant appear  to  be  in
21    accord  with  the purposes of this  Act,  must  grant  to the
22    applicant an amount not  to  exceed    50%  of  the  proposed
23    expenditures.
24        Before   any   such   grant   may  be  made  the  county,
25    municipality, not-for-profit organization, or local promotion
26    group,  or  for-profit  business,  pursuant  to   an   order,
27    resolution,  ordinance  or  other  appropriate  action of its
28    governing body, must make application to the  Department  for
29    such   grant,   setting   forth   the  studies,  surveys  and
30    investigations proposed to  be  made  and  other  promotional
31    activities  proposed  to be undertaken. The application shall
32    further state,  under  oath  or  affirmation,  with  evidence
33    thereof  satisfactory  to the Department, the amount of funds
34    held by, committed to or subscribed to, and  proposed  to  be
 
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 1    expended  by, the applicant for the purposes herein described
 2    and the amount of the grant for which application is made.
 3        The Department shall make grants from  funds  transferred
 4    into  the  Tourism  Promotion  Fund  under  subsection (1) of
 5    Section 4a to match funds appropriated or otherwise allocated
 6    by  counties,  municipalities  and  local  promotion   groups
 7    subsequent to the effective date of this Act.  The Department
 8    shall  make  grants  from  funds transferred into the Tourism
 9    Promotion Fund under subsection (1) of  Section  4a  only  to
10    match funds from sources in the private sector.
11    (Source: P.A. 90-26, eff. 7-1-97.)

12        (20 ILCS 665/7) (from Ch. 127, par. 200-27)
13        Sec.  7.  Notice  of approval and grant. Upon approval of
14    each application and the making of a grant by the  Department
15    in  accordance therewith, the Department shall give notice to
16    the applicant of such approval and grant,  and  shall  direct
17    the   applicant   to   proceed   with  its  proposed  tourism
18    promotional program as described in its  application  and  to
19    use  the  funds  allocated by the applicant for such purpose.
20    Upon  the  furnishing  of  satisfactory   evidence   to   the
21    Department  that  the  applicant  has so proceeded, the grant
22    allocated to such applicant shall be paid over on such  basis
23    to the applicant by the Department.
24    (Source: Laws 1967, p. 4097.)

25        (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
26        Sec. 8a. Tourism grants and loans; fund.
27        (1)  The  Department  is  authorized  to  make grants and
28    loans, subject to appropriations by the General Assembly  for
29    this  purpose  from the Tourism Promotion Fund or the Tourism
30    Attraction Development  Matching  Grant  Fund,  to  counties,
31    municipalities,   local   promotion   groups,  not-for-profit
32    organizations, or for-profit businesses for  the  development
 
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 1    or   improvement   of   tourism   attractions   in  Illinois.
 2    Individual These grants and loans shall not exceed $1,000,000
 3    and shall not exceed 50% of the entire amount of  the  actual
 4    expenditures  for the development or improvement of a tourist
 5    attraction.  Agreements for  loans  made  by  the  Department
 6    pursuant  to this subsection may contain provisions regarding
 7    term, interest rate, security  as  may  be  required  by  the
 8    Department  and  any  other  provisions  the  Department  may
 9    require to protect the State's interest.
10        (2)  There  is hereby created a special fund in the State
11    Treasury to be known as the  Tourism  Attraction  Development
12    Matching  Grant  Fund.   The deposit of monies into this fund
13    shall be limited to the repayments of principal and  interest
14    from loans made pursuant to subsection (1).
15    (Source: P.A. 91-683, eff. 1-26-00.)

16        (20 ILCS 665/9) (from Ch. 127, par. 200-29)
17        Sec. 9. Administration; rules. The Department is directed
18    to   administer   the   provisions  of  this  Act  with  such
19    flexibility so as to bring about as effective and  economical
20    a   tourism  promotion  program  as  possible.  In  order  to
21    effectuate and  enforce  the  provisions  of  this  Act,  the
22    Department  is  authorized  to promulgate necessary rules and
23    regulations and  prescribe  procedures  in  order  to  assure
24    compliance  by  applicants  in  carrying out the purposes for
25    which grants and loans may be made under this Act.
26    (Source: Laws 1967, p. 4097.)

27        (20 ILCS 665/10) (from Ch. 127, par. 200-30)
28        Sec.  10.   Quarterly  statement.  The  Department  shall
29    submit quarterly to the Governor and to the State Comptroller
30    a statement on promotional activities  undertaken  under  the
31    terms of this Act.
32    (Source: P.A. 78-592.)
 
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 1        (20 ILCS 665/11) (from Ch. 127, par. 200-31)
 2        Sec.  11. Promotional material.  Any promotional material
 3    produced as the result of the financial participation of  the
 4    State  of  Illinois  under  the  terms  of  this Act shall so
 5    indicate thereon.
 6    (Source: Laws 1963, p. 2209.)

 7        (20 ILCS 665/13) (from Ch. 127, par. 200-33)
 8        Sec. 13. Powers of municipalities and counties.  For  the
 9    purposes  set  out  in this Act, the corporate authorities of
10    each city, village or incorporated town and the county  board
11    of  each  county  may  (1)  promote  the  advantages  of  the
12    municipality  or  county,  as  the  case may be, for tourism,
13    industrial development  and  other  activities  and  programs
14    designed  to  stimulate employment, (2) appropriate funds for
15    promotional activities and programs,  (3)  accept  gifts  and
16    grants to be used for promotional purposes, and (4) join with
17    other municipalities, counties, and local promotion groups in
18    promotional activities and programs.
19    (Source: Laws 1963, p. 2209.)

20        (20 ILCS 665/13a) (from Ch. 127, par. 200-33a)
21        Sec.  13a.  Affirmative  action.  The  Department  shall,
22    within  90  days  after the effective date of this amendatory
23    Act of 1984, establish and  maintain  an  affirmative  action
24    program  designed to promote equal employment opportunity and
25    eliminate the effects of past  discrimination.  Such  program
26    shall  include  a  plan which shall specify goals and methods
27    for increasing  participation  by  women  and  minorities  in
28    employment  by  parties  which receive funds pursuant to this
29    Act. The Department shall submit a  detailed  plan  with  the
30    General  Assembly prior to March 1 of each year. Such program
31    shall also establish procedures to ensure compliance with the
32    plan established pursuant to this Section and with State  and
 
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 1    federal  laws  and  regulations relating to the employment of
 2    women and minorities.
 3    (Source: P.A. 83-1129.)

 4        (20 ILCS 665/14) (from Ch. 127, par. 200-34)
 5        Sec. 14.   Severability.  If  any  section,  subdivision,
 6    sentence or clause of this Act is for any reason held invalid
 7    or  unconstitutional,  such  decision  shall  not  affect the
 8    validity of the remaining portions of this Act.
 9    (Source: Laws 1963, p. 2209.)

10        (20 ILCS 665/6 rep.)
11        Section 20.  The Illinois Promotion  Act  is  amended  by
12    repealing Section 6.

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

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