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Public Act 097-0617 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Commerce and Economic | ||||
Opportunity Law of the
Civil Administrative Code of Illinois is | ||||
amended by changing Sections 605-705 and 605-707 as follows:
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(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
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Sec. 605-705. Grants to local tourism and convention | ||||
bureaus.
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(a) To establish a grant program for local tourism and
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convention bureaus. The Department will develop and implement a | ||||
program
for the use of funds, as authorized under this Act, by | ||||
local tourism and
convention bureaus. For the purposes of this | ||||
Act,
bureaus eligible to receive funds are those local tourism | ||||
and
convention bureaus that are (i) either units of local | ||||
government or
incorporated as not-for-profit organizations; | ||||
(ii) in legal existence
for a minimum of 2 years before July 1, | ||||
2001; (iii) operating with a
paid, full-time staff whose sole | ||||
purpose is to promote tourism in the
designated service area; | ||||
and (iv) affiliated with one or more
municipalities or counties | ||||
that support the bureau with local hotel-motel
taxes. After | ||||
July 1, 2001, bureaus requesting certification in
order to | ||||
receive funds for the first time must be local tourism and
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convention bureaus that are (i) either units of local | ||
government or
incorporated as not-for-profit organizations; | ||
(ii) in legal existence
for a minimum of 2 years before the | ||
request for certification; (iii)
operating with a paid, | ||
full-time staff whose sole purpose is to promote
tourism in the | ||
designated service area; and (iv) affiliated with
multiple | ||
municipalities or counties that support the bureau with local
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hotel-motel taxes. Each bureau receiving funds under this Act | ||
will be
certified by the Department as the designated recipient | ||
to serve an area of
the State.
Notwithstanding the criteria set | ||
forth in this subsection (a), or any rule
adopted under this | ||
subsection (a), the Director of the Department may
provide for | ||
the award of grant funds to one or more entities if in the
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Department's judgment that action is necessary in order to | ||
prevent a loss of
funding critical to promoting tourism in a | ||
designated geographic area of the
State.
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(b) To distribute grants to local tourism and convention | ||
bureaus from
appropriations made from the Local Tourism Fund | ||
for that purpose. Of the
amounts appropriated annually to the | ||
Department for expenditure under this
Section prior to July 1, | ||
2011 , one-third of those monies shall be used for grants to | ||
convention and
tourism bureaus in cities with a population | ||
greater than 500,000. The
remaining two-thirds of the annual | ||
appropriation prior to July 1, 2011 shall be used for grants to
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convention and tourism bureaus in the
remainder of the State, | ||
in accordance with a formula based upon the
population served. |
Of the amounts appropriated annually to the Department for | ||
expenditure under this Section beginning July 1, 2011, 18% of | ||
such moneys shall be used for grants to convention and tourism | ||
bureaus in cities with a population greater than 500,000. Of | ||
the amounts appropriated annually to the Department for | ||
expenditure under this Section beginning July 1, 2011, 82% of | ||
such moneys shall be used for grants to convention bureaus in | ||
the remainder of the State, in accordance with a formula based | ||
upon the population served. The Department may reserve up to | ||
10% of total
local tourism funds available for costs of | ||
administering the program to conduct audits of grants, to | ||
provide incentive funds to
those
bureaus that will conduct | ||
promotional activities designed to further the
Department's | ||
statewide advertising campaign, to fund special statewide
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promotional activities, and to fund promotional activities | ||
that support an
increased use of the State's parks or historic | ||
sites.
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(Source: P.A. 92-16, eff. 6-28-01;
92-38, eff. 6-28-01; 92-524, | ||
eff. 2-8-02; 93-25, eff. 6-20-03.)
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(20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
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Sec. 605-707. International Tourism Program.
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(a) The Department of Commerce and Economic Opportunity | ||
must establish a
program for international tourism. The | ||
Department shall develop and
implement the program on January | ||
1, 2000 by rule. As part of the program, the
Department may |
work in cooperation with local convention and tourism bureaus
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in Illinois in the coordination of international tourism | ||
efforts at the State
and local level. The
Department may (i)
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work in cooperation with local convention and tourism bureaus | ||
for efficient use
of their international tourism marketing
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resources, (ii) promote
Illinois in international meetings and | ||
tourism markets, (iii) work with
convention and tourism bureaus | ||
throughout the State to increase the number of
international | ||
tourists to Illinois, (iv) provide training,
research, | ||
technical support, and grants to certified convention and
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tourism bureaus, (v) provide staff, administration, and | ||
related support
required to manage the programs under this | ||
Section, and (vi) provide grants
for the development of or the | ||
enhancement of
international tourism
attractions.
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(b) The Department shall make grants for expenses related | ||
to international
tourism and pay for the staffing,
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administration, and related support from the International
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Tourism Fund, a special fund created in the State Treasury. Of | ||
the amounts
deposited into the Fund in fiscal year 2000 after | ||
January 1, 2000 through fiscal year 2011 , 55% shall be
used for | ||
grants to convention and tourism bureaus in Chicago (other than | ||
the
City of Chicago's Office of Tourism) and 45% shall be used | ||
for development of
international tourism in areas outside of | ||
Chicago. Of the amounts
deposited into the Fund in fiscal year | ||
2001 and thereafter, 55% shall be used
for grants to convention | ||
and tourism bureaus in Chicago, and of that amount not
less |
than
27.5% shall be used
for
grants to convention and tourism | ||
bureaus in Chicago other than the
City of Chicago's Office of | ||
Tourism, and 45%
shall be
used for administrative expenses and | ||
grants authorized under this Section and
development of | ||
international tourism in areas outside of Chicago, of which not
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less than $1,000,000
shall be used annually to make grants to | ||
convention and tourism bureaus in
cities other than Chicago | ||
that demonstrate their international tourism appeal
and | ||
request to develop or expand their international tourism | ||
marketing
program, and may also be used to provide grants under | ||
item (vi) of subsection
(a) of
this Section. All of the amounts | ||
deposited into the Fund in fiscal year 2012 and thereafter | ||
shall be used for administrative expenses and grants authorized | ||
under this Section and development of international tourism in | ||
areas outside of Chicago, of which not less than $1,000,000 | ||
shall be used annually to make grants to convention and tourism | ||
bureaus in cities other than Chicago that demonstrate their | ||
international tourism appeal and request to develop or expand | ||
their international tourism marketing program, and may also be | ||
used to provide grants under item (vi) of subsection (a) of | ||
this Section. Amounts appropriated to the State Comptroller for | ||
administrative expenses and grants authorized by the Illinois | ||
Global Partnership Act are payable from the International | ||
Tourism Fund.
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(c) A convention and tourism bureau is eligible to receive | ||
grant moneys
under this Section if the bureau is certified to |
receive funds under Title 14
of the Illinois Administrative | ||
Code, Section 550.35. To be eligible for a
grant, a convention | ||
and tourism bureau must provide matching funds equal to the
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grant amount. In certain
circumstances as determined by the | ||
Director of Commerce and Economic Opportunity,
however, the | ||
City of
Chicago's
Office of Tourism or any other convention and | ||
tourism bureau
may provide
matching funds equal to no less than | ||
50% of the grant amount to be
eligible to
receive
the grant.
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One-half of this 50% may be provided through in-kind | ||
contributions.
Grants received by the City of Chicago's Office | ||
of Tourism and by convention
and tourism bureaus in Chicago may | ||
be expended for the general purposes of
promoting conventions | ||
and tourism.
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(Source: P.A. 94-91, eff. 7-1-05.)
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(20 ILCS 605/605-725 rep.) | ||
Section 10. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois is | ||
amended by repealing Section 605-725. | ||
Section 12. The State Finance Act is amended by adding | ||
Section 5.786 as follows: | ||
(30 ILCS 105/5.786 new) | ||
Sec. 5.786. The Chicago Travel Industry Promotion Fund. |
Section 15. The Hotel Operators' Occupation Tax Act is | ||
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 | ||
or before
the last day of each calendar month, every person | ||
engaged in the
business of renting, leasing or letting rooms in | ||
a hotel in this State
during the preceding calendar month shall | ||
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 | ||
principal place of
business and the address of the | ||
principal place of business (if that is
a different | ||
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 | ||
during the
preceding calendar month from renting, leasing | ||
or letting rooms during
such preceding calendar month;
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4. Total amount of rental receipts received by him | ||
during the
preceding calendar month from renting, leasing | ||
or letting rooms to
permanent residents during such | ||
preceding calendar month;
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5. Total amount of other exclusions from gross rental | ||
receipts
allowed by this Act;
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6. Gross rental receipts which were received by him | ||
during the
preceding calendar month and upon the basis of |
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 | ||
may require.
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If the operator's average monthly tax liability to the | ||
Department
does not exceed $200, the Department may authorize | ||
his returns to be
filed on a quarter annual basis, with the | ||
return for January, February
and March of a given year being | ||
due by April 30 of such year; with the
return for April, May | ||
and June of a given year being due by July 31 of
such year; with | ||
the return for July, August and September of a given
year being | ||
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 | ||
January 31
of the following year.
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If the operator's average monthly tax liability to the | ||
Department
does not exceed $50, the Department may authorize | ||
his returns to be
filed on an annual basis, with the return for | ||
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 | ||
substance,
shall be subject to the same requirements as monthly | ||
returns.
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Notwithstanding any other provision in this Act concerning | ||
the time
within which an operator may file his return, in the | ||
case of any
operator who ceases to engage in a kind of business | ||
which makes him
responsible for filing returns under this Act, | ||
such operator shall file
a final return under this Act with the |
Department not more than 1 month
after discontinuing such | ||
business.
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Where the same person has more than 1 business registered | ||
with the
Department under separate registrations under this | ||
Act, such person
shall not file each return that is due as a | ||
single return covering all
such registered businesses, but | ||
shall file separate returns for each
such registered business.
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In his return, the operator shall determine the value of | ||
any
consideration other than money received by him in | ||
connection with the
renting, leasing or letting of rooms in the | ||
course of his business and
he shall include such value in his | ||
return. Such determination shall be
subject to review and | ||
revision by the Department in the manner
hereinafter provided | ||
for the correction of returns.
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Where the operator is a corporation, the return filed on | ||
behalf of
such corporation shall be signed by the president, | ||
vice-president,
secretary or treasurer or by the properly | ||
accredited agent of such
corporation.
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The person filing the return herein provided for shall, at | ||
the time of
filing such return, pay to the Department the | ||
amount of tax herein imposed.
The operator filing the return | ||
under this Section shall, at the time of
filing such return, | ||
pay to the Department the amount of tax imposed by this
Act | ||
less a discount of 2.1% or $25 per calendar year, whichever is | ||
greater,
which is allowed to reimburse the operator for the | ||
expenses incurred in
keeping records, preparing and filing |
returns, remitting the tax and
supplying data to the Department | ||
on request.
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There shall be deposited in the Build Illinois Fund in the | ||
State
Treasury for each State fiscal year 40% of the amount of | ||
total
net proceeds from the tax imposed by subsection (a) of | ||
Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||
in the Illinois
Sports Facilities Fund and credited to the | ||
Subsidy Account each fiscal
year by making monthly deposits in | ||
the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||
such deposits for prior months, and an
additional $8,000,000 | ||
shall be deposited in the Illinois Sports Facilities
Fund and | ||
credited to the Advance Account each fiscal year by making | ||
monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||
cumulative deficiencies
in such deposits for prior months; | ||
provided, that for fiscal years ending
after June 30, 2001, the | ||
amount to be so deposited into the Illinois
Sports Facilities | ||
Fund and credited to the Advance Account each fiscal year
shall | ||
be increased from $8,000,000 to the then applicable Advance | ||
Amount and
the required monthly deposits beginning with July | ||
2001 shall be in the amount
of 1/8 of the then applicable | ||
Advance Amount plus any cumulative deficiencies
in those | ||
deposits for prior months. (The deposits of the additional | ||
$8,000,000
or the then applicable Advance Amount, as | ||
applicable,
during each fiscal year shall be treated as | ||
advances
of funds to the Illinois Sports Facilities Authority | ||
for its corporate
purposes to the extent paid to the Authority |
or its trustee and shall be
repaid into the General Revenue | ||
Fund in the State Treasury by the State
Treasurer on behalf of | ||
the Authority pursuant to Section 19 of the Illinois
Sports | ||
Facilities Authority Act, as amended. If in any fiscal year the | ||
full
amount of the then applicable Advance Amount
is not repaid | ||
into the General Revenue Fund, then the deficiency shall be | ||
paid
from the amount in the Local Government Distributive Fund | ||
that would otherwise
be allocated to the City of Chicago under | ||
the State Revenue Sharing Act.)
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For purposes of the foregoing paragraph, the term "Advance | ||
Amount"
means, for fiscal year 2002, $22,179,000, and for | ||
subsequent fiscal years
through fiscal year 2032, 105.615% of | ||
the Advance Amount for the immediately
preceding fiscal year, | ||
rounded up to the nearest $1,000.
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Of the remaining 60% of the amount of total net proceeds | ||
prior to August 1, 2011 from the tax
imposed by subsection (a) | ||
of Section 3 after all required deposits in the
Illinois Sports | ||
Facilities Fund, the amount equal to 8% of the net revenue
| ||
realized from this the Hotel Operators' Occupation Tax Act plus | ||
an amount equal to
8% of the net revenue realized from any tax | ||
imposed under Section 4.05 of the
Chicago World's Fair-1992 | ||
Authority Act during the preceding month shall be
deposited in | ||
the Local Tourism Fund each month for purposes authorized by
| ||
Section 605-705 of the Department of Commerce and Economic | ||
Opportunity Law (20 ILCS 605/605-705) . Of the remaining 60% of | ||
the amount of total net proceeds beginning on August 1, 2011 |
from the tax imposed by subsection (a) of Section 3 after all | ||
required deposits in the Illinois Sports Facilities Fund, an | ||
amount equal to 8% of the net revenue realized from this Act | ||
plus an amount equal to 8% of the net revenue realized from any | ||
tax imposed under Section 4.05 of the Chicago World's Fair-1992 | ||
Authority Act during the preceding month shall be deposited as | ||
follows: 18% of such amount shall be deposited into the Chicago | ||
Travel Industry Promotion Fund for the purposes described in | ||
subsection (n) of Section 5 of the Metropolitan Pier and | ||
Exposition Authority Act and the remaining 82% of such amount | ||
shall be deposited into the Local Tourism Fund each month for | ||
purposes authorized by Section 605-705 of the Department of | ||
Commerce and Economic Opportunity Law. Beginning on ,
and | ||
beginning August 1, 1999 and ending on July 31, 2011 , an the | ||
amount equal to 4.5% of the net revenue
realized from the Hotel | ||
Operators' Occupation Tax Act during the preceding
month shall | ||
be deposited into the International Tourism Fund for the | ||
purposes
authorized in Section 605-707 of the Department of | ||
Commerce
and Economic Opportunity Law. Beginning on August 1, | ||
2011, an amount equal to 4.5% of the net revenue realized from | ||
this Act during the preceding month shall be deposited as | ||
follows: 55% of such amount shall be deposited into the Chicago | ||
Travel Industry Promotion Fund for the purposes described in | ||
subsection (n) of Section 5 of the Metropolitan Pier and | ||
Exposition Authority Act and the remaining 45% of such amount | ||
deposited into the International Tourism Fund for the purposes |
authorized in Section 605-707 of the Department of Commerce and | ||
Economic Opportunity Law. "Net
revenue realized for a month" | ||
means the revenue collected by the State under
that Act during | ||
the previous month less the amount paid out during that same
| ||
month as refunds to taxpayers for overpayment of liability | ||
under that Act.
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After making all these deposits, all other proceeds of the | ||
tax imposed under
subsection (a) of Section 3 shall be | ||
deposited in the General Revenue Fund in
the State Treasury. | ||
All moneys received by the Department from the additional
tax | ||
imposed under subsection (b) of Section 3 shall be deposited | ||
into the Build
Illinois Fund in the State Treasury.
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The Department may, upon separate written notice to a | ||
taxpayer, require
the taxpayer to prepare and file with the | ||
Department on a form prescribed
by the Department within not | ||
less than 60 days after receipt of the notice
an annual | ||
information return for the tax year specified in the notice.
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Such annual return to the Department shall include a statement | ||
of gross
receipts as shown by the operator's last State income | ||
tax return. If the
total receipts of the business as reported | ||
in the State income tax return
do not agree with the gross | ||
receipts reported to the Department for the
same period, the | ||
operator shall attach to his annual information return a
| ||
schedule showing a reconciliation of the 2 amounts and the | ||
reasons for the
difference. The operator's annual information | ||
return to the Department
shall also disclose pay roll |
information of the operator's business during
the year covered | ||
by such return and any additional reasonable information
which | ||
the Department deems would be helpful in determining the | ||
accuracy of
the monthly, quarterly or annual tax returns by | ||
such operator as
hereinbefore provided for in this Section.
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If the annual information return required by this Section | ||
is not filed
when and as required the taxpayer shall be liable | ||
for a penalty in an
amount determined in accordance with | ||
Section 3-4 of the Uniform Penalty and
Interest Act until such | ||
return is filed as required, the penalty to be
assessed and | ||
collected in the same manner as any other penalty provided
for | ||
in this Act.
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The chief executive officer, proprietor, owner or highest | ||
ranking manager
shall sign the annual return to certify the | ||
accuracy of the information
contained therein. Any person who | ||
willfully signs the annual return containing
false or | ||
inaccurate information shall be guilty of perjury and punished
| ||
accordingly. The annual return form prescribed by the | ||
Department shall
include a warning that the person signing the | ||
return may be liable for perjury.
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The foregoing portion of this Section concerning the filing | ||
of an annual
information return shall not apply to an operator | ||
who is not required to
file an income tax return with the | ||
United States Government.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
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Section 20. The Metropolitan Pier and Exposition Authority | ||
Act is amended by changing Section 5 as follows: | ||
(70 ILCS 210/5) (from Ch. 85, par. 1225) | ||
Sec. 5. The Metropolitan Pier and Exposition Authority | ||
shall also have the
following rights and powers: | ||
(a) To accept from Chicago Park Fair, a corporation, an | ||
assignment of
whatever sums of money it may have received | ||
from the Fair and Exposition
Fund, allocated by the | ||
Department of Agriculture of the State of Illinois,
and | ||
Chicago Park Fair is hereby authorized to assign, set over | ||
and transfer
any of those funds to the Metropolitan Pier | ||
and Exposition Authority. The
Authority has the right and | ||
power hereafter to receive sums as may be
distributed to it | ||
by the Department of Agriculture of the State of Illinois
| ||
from the Fair and Exposition Fund pursuant to the | ||
provisions of Sections 5,
6i, and 28 of the State Finance | ||
Act. All sums received by the Authority
shall be held in | ||
the sole custody of the secretary-treasurer of the
| ||
Metropolitan Pier and Exposition Board. | ||
(b) To accept the assignment of, assume and execute any | ||
contracts
heretofore entered into by Chicago Park Fair. | ||
(c) To acquire, own, construct, equip, lease, operate | ||
and maintain
grounds, buildings and facilities to carry out | ||
its corporate purposes and
duties, and to carry out or | ||
otherwise provide for the recreational,
cultural, |
commercial or residential development of Navy Pier, and to | ||
fix
and collect just, reasonable and nondiscriminatory | ||
charges for the use
thereof. The charges so collected shall | ||
be made available to defray the
reasonable expenses of the | ||
Authority and to pay the principal of and the
interest upon | ||
any revenue bonds issued by the Authority. The Authority
| ||
shall be subject to and comply with the Lake Michigan and | ||
Chicago Lakefront
Protection Ordinance, the Chicago | ||
Building Code, the Chicago Zoning
Ordinance, and all | ||
ordinances and regulations of the City of Chicago
contained | ||
in the following Titles of the Municipal Code of Chicago:
| ||
Businesses, Occupations and Consumer Protection; Health | ||
and Safety; Fire
Prevention; Public Peace, Morals and | ||
Welfare; Utilities
and Environmental Protection; Streets, | ||
Public Ways, Parks, Airports and
Harbors; Electrical | ||
Equipment and Installation; Housing and Economic
| ||
Development (only Chapter 5-4 thereof); and Revenue and | ||
Finance (only so far
as such Title pertains to the | ||
Authority's duty to collect taxes on behalf
of the City of | ||
Chicago). | ||
(d) To enter into contracts treating in any manner with | ||
the objects and
purposes of this Act. | ||
(e) To lease any buildings to the Adjutant General of | ||
the State of
Illinois for the use of the Illinois National | ||
Guard or the Illinois
Naval Militia. | ||
(f) To exercise the right of eminent domain by |
condemnation proceedings
in the manner provided by the | ||
Eminent Domain Act,
including, with respect to Site B only, | ||
the authority to exercise quick
take condemnation by | ||
immediate vesting of title under Article 20 of the Eminent | ||
Domain Act, to acquire any privately
owned real or personal | ||
property and, with respect to Site B only, public
property | ||
used for rail transportation purposes (but no such taking | ||
of such
public property shall, in the reasonable judgment | ||
of the owner, interfere
with such rail transportation) for | ||
the lawful purposes of the Authority in
Site A, at Navy | ||
Pier, and at Site B. Just compensation for property taken
| ||
or acquired under this paragraph shall be paid in money or, | ||
notwithstanding
any other provision of this Act and with | ||
the agreement of the owner of the
property to be taken or | ||
acquired, the Authority may convey substitute
property or | ||
interests in property or enter into agreements with the
| ||
property owner, including leases, licenses, or | ||
concessions, with respect to
any property owned by the | ||
Authority, or may provide for other lawful forms
of just | ||
compensation to the owner. Any property acquired in | ||
condemnation
proceedings shall be used only as provided in | ||
this Act. Except as
otherwise provided by law, the City of | ||
Chicago shall have a right of first
refusal prior to any | ||
sale of any such property by the Authority to a third
party | ||
other than substitute property. The Authority shall | ||
develop and
implement a relocation plan for businesses |
displaced as a result of the
Authority's acquisition of | ||
property. The relocation plan shall be
substantially | ||
similar to provisions of the Uniform Relocation Assistance
| ||
and Real Property Acquisition Act and regulations | ||
promulgated under that
Act relating to assistance to | ||
displaced businesses. To implement the
relocation plan the | ||
Authority may acquire property by purchase or gift or
may | ||
exercise the powers authorized in this subsection (f), | ||
except the
immediate vesting of title under Article 20 of | ||
the Eminent Domain Act, to acquire substitute private | ||
property within one mile
of Site B for the benefit of | ||
displaced businesses located on property being
acquired by | ||
the Authority. However, no such substitute property may be
| ||
acquired by the Authority unless the mayor of the | ||
municipality in which the
property is located certifies in | ||
writing that the acquisition is consistent
with the | ||
municipality's land use and economic development policies | ||
and
goals. The acquisition of substitute property is | ||
declared to be for public
use. In exercising the powers | ||
authorized in this subsection (f), the
Authority shall use | ||
its best efforts to relocate businesses within the area
of | ||
McCormick Place or, failing that, within the City of | ||
Chicago. | ||
(g) To enter into contracts relating to construction | ||
projects which
provide for the delivery by the contractor | ||
of a completed project,
structure, improvement, or |
specific portion thereof, for a fixed maximum
price, which | ||
contract may provide that the delivery of the project,
| ||
structure, improvement, or specific portion thereof, for | ||
the fixed maximum
price is insured or guaranteed by a third | ||
party capable of completing
the construction. | ||
(h) To enter into agreements with any person with | ||
respect to the use
and occupancy of the grounds, buildings, | ||
and facilities of the Authority,
including concession, | ||
license, and lease agreements on terms and conditions as
| ||
the Authority determines. Notwithstanding Section 24, | ||
agreements with respect
to the use and occupancy of the | ||
grounds, buildings, and facilities of the
Authority for a | ||
term of more than one year shall be entered into in | ||
accordance
with the procurement process provided for in | ||
Section 25.1. | ||
(i) To enter into agreements with any person with | ||
respect to the
operation and management of the grounds, | ||
buildings, and facilities of the
Authority or the provision | ||
of goods and services on terms and
conditions as the | ||
Authority determines. | ||
(j) After conducting the procurement process provided | ||
for in Section 25.1,
to enter into one or more contracts to | ||
provide for the design and
construction of all or part of | ||
the Authority's Expansion Project grounds,
buildings, and | ||
facilities. Any contract for design and construction of the
| ||
Expansion Project shall be in the form authorized by |
subsection (g), shall
be for a fixed maximum price not in | ||
excess of the funds that are authorized
to be made | ||
available
for those purposes during the term of the | ||
contract, and shall be entered
into before commencement of | ||
construction. | ||
(k) To enter into agreements, including project | ||
agreements with labor
unions, that the Authority deems | ||
necessary to complete the Expansion Project
or any other | ||
construction or improvement project in the most timely
and | ||
efficient manner and without strikes, picketing, or other | ||
actions that
might cause disruption or delay and thereby | ||
add to the cost of the project. | ||
(l) To provide incentives to organizations and | ||
entities that agree to make use of the grounds, buildings, | ||
and facilities of the Authority for conventions, meetings, | ||
or trade shows. The incentives may take the form of | ||
discounts from regular fees charged by the Authority, | ||
subsidies for or assumption of the costs incurred with | ||
respect to the convention, meeting, or trade show, or other | ||
inducements. The Authority shall award be reimbursed by the | ||
Department of Commerce and Economic Opportunity for | ||
incentives to attract large conventions, meetings, and | ||
trade shows to its facilities that qualify under the terms | ||
set forth in this subsection (l) from amounts appropriated | ||
to the Authority from the Metropolitan Pier and Exposition | ||
Authority Incentive Fund for this purpose provisions of |
Section 605-725 of the Civil Administrative Code of | ||
Illinois . | ||
No later than May February 15 of each year, the Chief | ||
Executive Officer Chairman of the Metropolitan Pier and | ||
Exposition Authority shall certify to the Department of | ||
Commerce and Economic Opportunity, the State Comptroller , | ||
and the State Treasurer the amounts of incentive grant | ||
funds used provided during the current fiscal previous | ||
calendar year to provide as incentives for conventions, | ||
meetings, or trade shows that (i) have been approved by the | ||
Authority , in consultation with an organization meeting | ||
the qualifications set out in Section 5.6 of this Act, | ||
provided the Authority has entered into a marketing | ||
agreement with such an organization and the Department of | ||
Commerce and Economic Opportunity , (ii) demonstrate | ||
registered attendance in excess of 5,000 individuals or in | ||
excess of 10,000 individuals, as appropriate, and (iii) but | ||
for the incentive, would not have used the facilities of | ||
the Authority for the convention, meeting, or trade show. | ||
The State Comptroller Department of Commerce and Economic | ||
Opportunity may request that the Auditor General conduct an | ||
audit of the accuracy of the certification. If the State | ||
Comptroller determines by this process of certification | ||
that incentive funds, in whole or in part, were disbursed | ||
by the Authority by means other than in accordance with the | ||
standards of this subsection (l), then any amount |
transferred to the Metropolitan Pier and Exposition | ||
Authority Incentive Fund shall be reduced during the next | ||
subsequent transfer in direct proportion to that amount | ||
determined to be in violation of the terms set forth in | ||
this subsection (l). | ||
On July 15, 2012, Subject to appropriation, on July 15 | ||
of each year the Comptroller shall order transferred , and | ||
the Treasurer shall transfer , into the Metropolitan Pier | ||
and Exposition Authority Incentive Fund from the General | ||
Revenue Fund the sum of $7,500,000 plus an amount equal to | ||
the incentive grant funds certified by the Chief Executive | ||
Officer as having been lawfully paid under the provisions | ||
of this Section in the previous 2 fiscal years that have | ||
not otherwise been transferred into the Metropolitan Pier | ||
and Exposition Authority Incentive Fund, provided that | ||
transfers in excess of $15,000,000 shall not be made in any | ||
fiscal year the lesser of the amount certified by the | ||
Chairman or $15,000,000 . | ||
On July 15, 2013, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, into the | ||
Metropolitan Pier and Exposition Authority Incentive Fund | ||
from the General Revenue Fund the sum of $7,500,000 plus an | ||
amount equal to the incentive grant funds certified by the | ||
Chief Executive Officer as having been lawfully paid under | ||
the provisions of this Section in the previous fiscal year | ||
that have not otherwise been transferred into the |
Metropolitan Pier and Exposition Authority Incentive Fund, | ||
provided that transfers in excess of $15,000,000 shall not | ||
be made in any fiscal year. | ||
On July 15, 2014, and every year thereafter, the | ||
Comptroller shall order transferred, and the Treasurer | ||
shall transfer, into the Metropolitan Pier and Exposition | ||
Authority Incentive Fund from the General Revenue Fund an | ||
amount equal to the incentive grant funds certified by the | ||
Chief Executive Officer as having been lawfully paid under | ||
the provisions of this Section in the previous fiscal year | ||
that have not otherwise been transferred into the | ||
Metropolitan Pier and Exposition Authority Incentive Fund, | ||
provided that transfers in excess of $15,000,000 shall not | ||
be made in any fiscal year. | ||
After a transfer has been made under this subsection | ||
(l), the Chief Executive Officer shall file a request for | ||
payment with the Comptroller evidencing that the incentive | ||
grants have been made and the Comptroller shall thereafter | ||
order paid, and the Treasurer shall pay, the requested | ||
amounts to the Metropolitan Pier and Exposition Authority. | ||
In no case shall more than $5,000,000 be used in any | ||
one year by the Authority for to reimburse incentives | ||
granted conventions, meetings, or trade shows with a | ||
registered attendance of more than 5,000 and less than | ||
10,000. Amounts No later than 30 days after the transfer, | ||
amounts in the Metropolitan Pier and Exposition Authority |
Incentive Fund shall only be used by the Authority paid by | ||
the Department of Commerce and Economic Opportunity to the | ||
Authority to reimburse the Authority for incentives paid to | ||
attract large conventions, meetings, and trade shows to its | ||
facilities in the previous calendar year as provided in | ||
this subsection (l) Section 605-725 of the Civil | ||
Administrative Code of Illinois. Provided that all amounts | ||
certified by the Authority have been paid, on the last day | ||
of each fiscal year moneys remaining in the Fund shall be | ||
transferred to the General Revenue Fund . | ||
(l-5) The Village of Rosemont shall provide incentives | ||
from amounts transferred into the Convention Center | ||
Support Fund to retain and attract conventions, meetings, | ||
or trade shows to the Donald E. Stephens Convention Center | ||
under the terms set forth in this subsection (l-5). | ||
No later than May 15 of each year, the Mayor of the | ||
Village of Rosemont or his or her designee shall certify to | ||
the State Comptroller and the State Treasurer the amounts | ||
of incentive grant funds used during the previous fiscal | ||
year to provide incentives for conventions, meetings, or | ||
trade shows that (1) have been approved by the Village, (2) | ||
demonstrate registered attendance in excess of 5,000 | ||
individuals, and (3) but for the incentive, would not have | ||
used the Donald E. Stephens Convention Center facilities | ||
for the convention, meeting, or trade show. The State | ||
Comptroller may request that the Auditor General conduct an |
audit of the accuracy of the certification. | ||
If the State Comptroller determines by this process of | ||
certification that incentive funds, in whole or in part, | ||
were disbursed by the Village by means other than in | ||
accordance with the standards of this subsection (l-5), | ||
then the amount transferred to the Convention Center | ||
Support Fund shall be reduced during the next subsequent | ||
transfer in direct proportion to that amount determined to | ||
be in violation of the terms set forth in this subsection | ||
(l-5). | ||
On July 15, 2012, and each year thereafter, the | ||
Comptroller shall order transferred, and the Treasurer | ||
shall transfer, into the Convention Center Support Fund | ||
from the General Revenue Fund the amount of $5,000,000 for | ||
incentives to attract large conventions, meetings, and | ||
trade shows to the Donald E. Stephens Convention Center. No | ||
later than 30 days after the transfer, the Comptroller | ||
shall order paid, and the Treasurer shall pay, to the | ||
Village of Rosemont the amounts transferred. | ||
(m) To enter into contracts with any person conveying | ||
the naming rights or other intellectual property rights | ||
with respect to the grounds, buildings, and facilities of | ||
the Authority. | ||
(n) To enter into grant agreements with the Chicago | ||
Convention and Tourism Bureau providing for the marketing | ||
of the convention facilities to large and small |
conventions, meetings, and trade shows and the promotion of | ||
the travel industry in the City of Chicago , provided such | ||
agreements meet the requirements of Section 5.6 of this | ||
Act. Receipts of the Authority from the increase in the | ||
airport departure tax authorized by Section 13(f) of this | ||
amendatory Act of the 96th General Assembly and, subject to | ||
appropriation to the Authority, funds deposited in the | ||
Chicago Travel Industry Promotion Fund pursuant to Section | ||
6 of the Hotel Operators' Occupation Tax Act shall be | ||
granted to the Bureau for such purposes. | ||
Nothing in this Act shall be construed to authorize the | ||
Authority to spend
the proceeds of any bonds or notes issued | ||
under Section 13.2 or any taxes
levied under Section 13 to | ||
construct a stadium to be leased to or used by
professional | ||
sports teams. | ||
(Source: P.A. 96-739, eff. 1-1-10; 96-898, eff. 5-27-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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