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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0997
LRB9105553LDmb
1 AN ACT in relation to the Illinois wine industry,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Promotion Act is amended by
6 changing Section 4a as follows:
7 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
8 Sec. 4a. Funds.
9 (1) As soon as possible after the first day of each
10 month, beginning July 1, 1978 and ending June 30, 1997, upon
11 certification of the Department of Revenue, the Comptroller
12 shall order transferred and the Treasurer shall transfer from
13 the General Revenue Fund to a special fund in the State
14 Treasury, to be known as the "Tourism Promotion Fund", an
15 amount equal to 10% of the net revenue realized from "The
16 Hotel Operators' Occupation Tax Act", as now or hereafter
17 amended, plus an amount equal to 10% of the net revenue
18 realized from any tax imposed under Section 4.05 of the
19 Chicago World's Fair - 1992 Authority Act, as now or
20 hereafter amended, during the preceding month. Net revenue
21 realized for a month shall be the revenue collected by the
22 State pursuant to that Act during the previous month less the
23 amount paid out during that same month as refunds to
24 taxpayers for overpayment of liability under that Act.
25 All moneys deposited in the Tourism Promotion Fund
26 pursuant to this subsection are allocated to the Department
27 for utilization, as appropriated, in the performance of its
28 powers under Section 4.
29 As soon as possible after the first day of each month,
30 beginning July 1, 1997, upon certification of the Department
31 of Revenue, the Comptroller shall order transferred and the
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1 Treasurer shall transfer from the General Revenue Fund to the
2 Tourism Promotion Fund an amount equal to 13% of the net
3 revenue realized from the Hotel Operators' Occupation Tax Act
4 plus an amount equal to 13% of the net revenue realized from
5 any tax imposed under Section 4.05 of the Chicago World's
6 Fair-1992 Authority Act during the preceding month. "Net
7 revenue realized for a month" means the revenue collected by
8 the State under that Act during the previous month less the
9 amount paid out during that same month as refunds to
10 taxpayers for overpayment of liability under that Act.
11 (1.1) (Blank).
12 (2) As soon as possible after the first day of each
13 month, beginning July 1, 1997, upon certification of the
14 Department of Revenue, the Comptroller shall order
15 transferred and the Treasurer shall transfer from the General
16 Revenue Fund to the Tourism Promotion Fund an amount equal to
17 8% of the net revenue realized from the Hotel Operators'
18 Occupation Tax plus an amount equal to 8% of the net revenue
19 realized from any tax imposed under Section 4.05 of the
20 Chicago World's Fair-1992 Authority Act during the preceding
21 month. "Net revenue realized for a month" means the revenue
22 collected by the State under that Act during the previous
23 month less the amount paid out during that same month as
24 refunds to taxpayers for overpayment of liability under that
25 Act.
26 All monies deposited in the Tourism Promotion Fund under
27 this subsection (2) shall be used solely as provided in this
28 subsection to advertise and promote tourism throughout
29 Illinois. Appropriations of monies deposited in the Tourism
30 Promotion Fund pursuant to this subsection (2) shall be used
31 solely for advertising to promote tourism, including but not
32 limited to advertising production and direct advertisement
33 costs, but shall not be used to employ any additional staff,
34 finance any individual event, or lease, rent or purchase any
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1 physical facilities. The Department shall coordinate its
2 advertising under this subsection (2) with other public and
3 private entities in the State engaged in similar promotion
4 activities. Print or electronic media production made
5 pursuant to this subsection (2) for advertising promotion
6 shall not contain or include the physical appearance of or
7 reference to the name or position of any public officer.
8 "Public officer" means a person who is elected to office
9 pursuant to statute, or who is appointed to an office which
10 is established, and the qualifications and duties of which
11 are prescribed, by statute, to discharge a public duty for
12 the State or any of its political subdivisions.
13 (3) Until June 30, 2000, subject to appropriation,
14 moneys shall be transferred from the Tourism Promotion Fund
15 into the Grape and Wine Resources Fund pursuant to Article
16 XII of the Liquor Control Act of 1934 and shall be used by
17 the Department in accordance with the provisions of that
18 Article.
19 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655,
20 eff. 7-30-98.)
21 Section 10. The Liquor Control Act of 1934 is amended by
22 changing Section 12-3 as follows:
23 (235 ILCS 5/12-3)
24 Sec. 12-3. Funding. Subject to appropriation, on July
25 1, 1997, July 1, 1998, and July 1, 1999, and annually
26 thereafter the Comptroller shall order the transfer and the
27 Treasurer shall transfer an amount determined by the General
28 Assembly from the Tourism Promotion Fund into the Grape and
29 Wine Resources Fund, which is hereby created as a special
30 fund in the State Treasury. Beginning July 1, 2000, the
31 Department of Revenue shall deposit $0.02 of the wine excise
32 tax collected on each gallon of wine under Section 8-1 of
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1 this Act into the Grape and Wine Resources Fund. The
2 Department of Commerce and Community Affairs may make
3 expenditures with moneys from the Fund for any of its lawful
4 purposes under this Article, subject to the advice and
5 approval of the Council. The Department of Commerce and
6 Community Affairs shall serve as the lead administrative
7 agency for monitoring the Council's implementation. Moneys
8 in the Fund shall not be used for any political or
9 legislative purpose. The Council shall keep minutes, books,
10 and records that clearly reflect all of the acts and
11 transactions of the Council. The books of the Council shall
12 be audited by a certified public accountant at the Council's
13 expense at least annually. Within 30 days after the
14 completion of the audit, the results shall be provided to the
15 Director of Commerce and Community Affairs. The Department
16 of Commerce and Community Affairs shall be reimbursed from
17 the Grape and Wine Resources Fund for any costs incurred
18 under this Act. Moneys remaining in the Grape and Wine
19 Resources Fund at the end of the fiscal year shall remain in
20 the Fund for use during the following fiscal year and shall
21 not be transferred to any other State fund.
22 (Source: P.A. 90-77, eff. 7-8-97.)