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91_HB1909enr HB1909 Enrolled 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 HB1909 Enrolled -2- LRB9103018LDmb 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 HB1909 Enrolled -3- LRB9103018LDmb 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 be13transferred from the Tourism Promotion Fund into the Grape14and Wine Resources Fund pursuant to Article XII of the Liquor15Control Act of 1934 and shall be used by the Department in16accordance 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. Grape and Wine Resources Fund. Beginning July 23 1, 1999 and ending June 30, 2004, on the first day of each 24 State fiscal year, or as soon thereafter as may be practical, 25 the State Comptroller shall transfer the sum of $500,000 from 26 the General Revenue Fund to the Grape and Wine Resources 27 Fund, which is hereby continued as a special fund in the 28 State Treasury. By January 1, 2004, the Department of 29 Commerce and Community Affairs shall review the activities of 30 the Council and report to the General Assembly and the 31 Governor its recommendation of whether or not the funding 32 under this Section should be continued. HB1909 Enrolled -4- LRB9103018LDmb 1 The Grape and Wine Resources Fund shall be administered 2 by the Department of Commerce and Community Affairs, which 3 shall serve as the lead administrative agency for allocation 4 and auditing of funds as well as monitoring program 5 implementation. The Department shall make an annual grant of 6 moneys from the Fund to the Council, which shall be used to 7 pay for the Council's operations and expenses. These moneys 8 shall be used by the Council to achieve the Council's 9 objectives and shall not be used for any political or 10 legislative purpose. Money remaining in the Fund at the end 11 of the fiscal year shall remain in the Fund for use during 12 the following year and shall not be transferred to any other 13 State fund. 14 (235 ILCS 5/12-3 rep.) 15 Section 15. The Liquor Control Act of 1934 is amended by 16 repealing Section 12-3. 17 Section 99. Effective date. This Act takes effect July 18 1, 1999.