State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_HB1909

 
                                               LRB9103018LDmb

 1        AN ACT in relation to wine, amending named Acts.

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

 4        Section 5.  The Illinois  Promotion  Act  is  amended  by
 5    changing Section 4a as follows:

 6        (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
 7        Sec. 4a. Funds.
 8        (1)  As  soon  as  possible  after  the first day of each
 9    month, beginning July 1, 1978 and ending June 30, 1997,  upon
10    certification  of  the Department of Revenue, the Comptroller
11    shall order transferred and the Treasurer shall transfer from
12    the General Revenue Fund to  a  special  fund  in  the  State
13    Treasury,  to  be  known  as the "Tourism Promotion Fund", an
14    amount equal to 10% of the net  revenue  realized  from  "The
15    Hotel  Operators'  Occupation  Tax  Act", as now or hereafter
16    amended, plus an amount equal  to  10%  of  the  net  revenue
17    realized  from  any  tax  imposed  under  Section 4.05 of the
18    Chicago  World's  Fair  -  1992  Authority  Act,  as  now  or
19    hereafter amended, during the preceding  month.  Net  revenue
20    realized  for  a  month shall be the revenue collected by the
21    State pursuant to that Act during the previous month less the
22    amount  paid  out  during  that  same  month  as  refunds  to
23    taxpayers for overpayment of liability under that Act.
24        All  moneys  deposited  in  the  Tourism  Promotion  Fund
25    pursuant to this subsection are allocated to  the  Department
26    for  utilization,  as appropriated, in the performance of its
27    powers under Section 4.
28        As soon as possible after the first day  of  each  month,
29    beginning  July 1, 1997, upon certification of the Department
30    of Revenue, the Comptroller shall order transferred  and  the
31    Treasurer shall transfer from the General Revenue Fund to the
 
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 1    Tourism  Promotion  Fund  an  amount  equal to 13% of the net
 2    revenue realized from the Hotel Operators' Occupation Tax Act
 3    plus an amount equal to 13% of the net revenue realized  from
 4    any  tax  imposed  under  Section 4.05 of the Chicago World's
 5    Fair-1992 Authority Act during the  preceding  month.    "Net
 6    revenue  realized for a month" means the revenue collected by
 7    the State under 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        (1.1)  (Blank).
11        (2)  As  soon  as  possible  after  the first day of each
12    month, beginning July 1,  1997,  upon  certification  of  the
13    Department   of   Revenue,   the   Comptroller   shall  order
14    transferred and the Treasurer shall transfer from the General
15    Revenue Fund to the Tourism Promotion Fund an amount equal to
16    8% of the net revenue  realized  from  the  Hotel  Operators'
17    Occupation  Tax plus an amount equal to 8% of the net revenue
18    realized from any tax  imposed  under  Section  4.05  of  the
19    Chicago  World's Fair-1992 Authority Act during the preceding
20    month.  "Net revenue realized for a month" means the  revenue
21    collected  by  the  State  under that Act during the previous
22    month less the amount paid out  during  that  same  month  as
23    refunds  to taxpayers for overpayment of liability under that
24    Act.
25        All monies deposited in the Tourism Promotion Fund  under
26    this  subsection (2) shall be used solely as provided in this
27    subsection  to  advertise  and  promote  tourism   throughout
28    Illinois.  Appropriations  of monies deposited in the Tourism
29    Promotion Fund pursuant to this subsection (2) shall be  used
30    solely  for advertising to promote tourism, including but not
31    limited to advertising production  and  direct  advertisement
32    costs,  but shall not be used to employ any additional staff,
33    finance any individual event, or lease, rent or purchase  any
34    physical  facilities.  The  Department  shall  coordinate its
 
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 1    advertising under this subsection (2) with other  public  and
 2    private  entities  in  the State engaged in similar promotion
 3    activities.  Print  or  electronic  media   production   made
 4    pursuant  to  this  subsection  (2) for advertising promotion
 5    shall not contain or include the physical  appearance  of  or
 6    reference  to  the  name  or  position of any public officer.
 7    "Public officer" means a person  who  is  elected  to  office
 8    pursuant  to  statute, or who is appointed to an office which
 9    is established, and the qualifications and  duties  of  which
10    are  prescribed,  by  statute, to discharge a public duty for
11    the State or any of its political subdivisions.
12        (3)  Subject   to   appropriation,   moneys   shall    be
13    transferred  from  the  Tourism Promotion Fund into the Grape
14    and Wine Resources Fund pursuant to Article XII of the Liquor
15    Control Act of 1934 and shall be used by  the  Department  in
16    accordance with the provisions of that Article.
17    (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655,
18    eff. 7-30-98.)

19        Section 10.  The Liquor Control Act of 1934 is amended by
20    adding Section 12-4 as follows:

21        (235 ILCS 5/12-4 new)
22        Sec.  12-4.  Tax. The Department of Revenue shall deposit
23    into the Grape and Wine Resources Fund, which was created  as
24    a  special  fund  in  the State treasury by Public Act 90-77,
25    $0.02 of the wine excise tax collected on each gallon of wine
26    under Section 8-1 of this Act.
27        The Grape and Wine Resources Fund shall  be  administered
28    by  the Illinois Department of Agriculture, which shall serve
29    as the lead administrative agency for allocation and auditing
30    of funds as well as monitoring  program  implementation.  The
31    Department shall make an annual grant of moneys from the Fund
32    to the Council,  which shall be used to pay for the Council's
 
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 1    expenses.   These  moneys  shall  be  used  by the Council to
 2    achieve the Council's objectives and shall not  be  used  for
 3    any political or legislative purpose.  Money remaining in the
 4    Fund  at  the end of the fiscal year shall remain in the Fund
 5    for  use  during  the  following  year  and  shall   not   be
 6    transferred to any other State fund.

 7        (235 ILCS 5/12-3 rep.)
 8        Section 15.  The Liquor Control Act of 1934 is amended by
 9    repealing Section 12-3.

10        Section  99.  Effective date.  This Act takes effect July
11    1, 1999.

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