Full Text of HB1522 97th General Assembly
HB1522 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1522 Introduced 2/15/2011, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 50 ILCS 750/15.4 | from Ch. 134, par. 45.4 | 65 ILCS 5/8-3-13 | from Ch. 24, par. 8-3-13 | 65 ILCS 5/8-3-14 | from Ch. 24, par. 8-3-14 | 65 ILCS 5/8-3-14a | |
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Amends the Emergency Telephone System Act. Provides that moneys from the Emergency Telephone System Fund may be expended for the costs of public safety agency personnel who are and equipment that is
dispatched in response to an emergency call. Amends the Illinois Municipal Code. In provisions pertaining to the expenditure of the amounts collected by municipalities from municipal hotel use taxes or hotel operator's taxes, provides that the corporate authorities of a municipality may, by ordinance, provide for the amounts collected to be deposited into the general fund of the municipality for any municipal purpose (now, the amounts collected must be spent to promote tourism). Effective immediately.
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Telephone System Act is amended by | 5 | | changing Section 15.4 as follows: | 6 | | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | 7 | | Sec. 15.4. Emergency Telephone System Board; powers. | 8 | | (a) The corporate authorities of any county or municipality
| 9 | | that imposes a surcharge under Section 15.3 shall establish an | 10 | | Emergency
Telephone System Board. The corporate authorities | 11 | | shall provide for the
manner of appointment and the number of | 12 | | members of the Board, provided that
the board shall consist of | 13 | | not fewer than 5 members, one of whom
must be a
public member | 14 | | who is a resident of the local exchange service territory
| 15 | | included in the 9-1-1 coverage area, one of whom (in counties | 16 | | with a
population less than 100,000) must be a member of the | 17 | | county
board, and
at least 3 of whom shall be representative of | 18 | | the 9-1-1 public safety agencies,
including but not limited to | 19 | | police departments, fire departments, emergency
medical | 20 | | services providers, and emergency services and disaster | 21 | | agencies, and
appointed on the basis of their ability or | 22 | | experience. In counties with a population of more than 100,000 | 23 | | but less than 2,000,000, a member of the county board may serve |
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| 1 | | on the Emergency Telephone System Board. Elected officials, | 2 | | including members of a county board, are
also eligible to serve | 3 | | on the board. Members of the board shall serve without
| 4 | | compensation but shall be reimbursed for their actual and | 5 | | necessary
expenses. Any 2 or more municipalities, counties, or | 6 | | combination thereof,
that impose a surcharge under Section 15.3 | 7 | | may, instead of establishing
individual boards, establish by | 8 | | intergovernmental agreement a Joint
Emergency Telephone System | 9 | | Board pursuant to this Section. The manner of
appointment of | 10 | | such a joint board shall be prescribed in the agreement. | 11 | | (b) The powers and duties of the board shall be defined by | 12 | | ordinance
of the municipality or county, or by | 13 | | intergovernmental agreement in the
case of a joint board. The | 14 | | powers and duties shall include, but need not
be limited to the | 15 | | following: | 16 | | (1) Planning a 9-1-1 system. | 17 | | (2) Coordinating and supervising the implementation, | 18 | | upgrading, or
maintenance of the system, including the | 19 | | establishment of equipment
specifications and coding | 20 | | systems. | 21 | | (3) Receiving moneys
from the surcharge imposed under | 22 | | Section 15.3, and
from any other source, for deposit into | 23 | | the Emergency Telephone System Fund. | 24 | | (4) Authorizing all disbursements from the fund. | 25 | | (5) Hiring any staff necessary for the implementation | 26 | | or upgrade of the
system. |
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| 1 | | (6) Participating in a Regional Pilot Project to | 2 | | implement next generation 9-1-1, as defined in this Act, | 3 | | subject to the conditions set forth in this Act. | 4 | | (c) All moneys
received by a board pursuant to a surcharge | 5 | | imposed under
Section 15.3 shall be deposited into a separate | 6 | | interest-bearing
Emergency Telephone System Fund account. The | 7 | | treasurer of the municipality or
county that has established | 8 | | the board or, in the case of a joint board, any
municipal or | 9 | | county treasurer designated in the intergovernmental | 10 | | agreement,
shall be custodian of the fund. All interest | 11 | | accruing on the fund shall remain
in the fund. No expenditures | 12 | | may be made from such fund except upon the
direction of the | 13 | | board by resolution passed by a majority of all members of the
| 14 | | board. Expenditures may be made only to pay for the costs | 15 | | associated with the
following: | 16 | | (1) The design of the Emergency Telephone System. | 17 | | (2) The coding of an initial Master Street Address | 18 | | Guide data base, and
update and maintenance thereof. | 19 | | (3) The repayment of any moneys
advanced for the | 20 | | implementation of
the system. | 21 | | (4) The charges for Automatic Number Identification | 22 | | and Automatic
Location Identification equipment,
a | 23 | | computer aided dispatch system that records, maintains, | 24 | | and integrates
information,
mobile data transmitters | 25 | | equipped with
automatic vehicle locators, and maintenance, | 26 | | replacement and
update thereof
to increase operational |
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| 1 | | efficiency and improve the provision of emergency
| 2 | | services. | 3 | | (5) The non-recurring charges related to installation | 4 | | of the Emergency
Telephone System and the ongoing network | 5 | | charges. | 6 | | (6) The acquisition and installation, or the | 7 | | reimbursement of costs
therefor to other governmental | 8 | | bodies that have incurred those costs, of road
or street | 9 | | signs that are essential to the implementation of the | 10 | | emergency
telephone system and that are not duplicative of | 11 | | signs that are the
responsibility of the jurisdiction | 12 | | charged with maintaining road and street
signs. | 13 | | (7) Other products and services necessary for the | 14 | | implementation,
upgrade, and maintenance of the system and | 15 | | any other purpose related to the
operation of
the system, | 16 | | including costs attributable directly to the construction, | 17 | | leasing,
or maintenance of any buildings or facilities or | 18 | | costs of personnel
attributable directly to the operation | 19 | | of the system. Costs attributable
directly to the operation | 20 | | of an emergency telephone system also do not include the
| 21 | | costs of public safety agency personnel who are and | 22 | | equipment that is
dispatched in response to an emergency | 23 | | call. | 24 | | (8) In the case of a municipality that imposes a | 25 | | surcharge under subsection (h) of Section 15.3, moneys may | 26 | | also be used for any anti-terrorism or emergency |
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| 1 | | preparedness measures, including, but not limited to, | 2 | | preparedness planning, providing local matching funds for | 3 | | federal or State grants, personnel training, and | 4 | | specialized equipment, including surveillance cameras as | 5 | | needed to deal with natural and terrorist-inspired | 6 | | emergency situations or events. | 7 | | (9) The defraying of expenses incurred in | 8 | | participation in a Regional Pilot Project to implement next | 9 | | generation 9-1-1, subject to the conditions set forth in | 10 | | this Act. | 11 | | Moneys in the fund may also be transferred to a | 12 | | participating fire protection district to reimburse volunteer | 13 | | firefighters who man remote telephone switching facilities | 14 | | when dedicated 9-1-1 lines are down. | 15 | | (d) The board shall complete the data base before | 16 | | implementation of the
9-1-1 system. The error ratio of the data | 17 | | base shall not at any time
exceed 1% of the total data base. | 18 | | (Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09; | 19 | | 95-1012, eff. 12-15-08; 96-1000, eff. 7-2-10; 96-1443, eff. | 20 | | 8-20-10.) | 21 | | Section 10. The Illinois Municipal Code is amended by | 22 | | changing Sections 8-3-13, 8-3-14, and 8-3-14a as follows:
| 23 | | (65 ILCS 5/8-3-13) (from Ch. 24, par. 8-3-13)
| 24 | | Sec. 8-3-13. Tourism, Conventions and Other Special
Events |
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| 1 | | Promotion Act of 1967. The corporate authorities of any | 2 | | municipality containing
500,000 or more inhabitants may impose | 3 | | a tax prior to July 1, 1969, upon
all persons engaged in the | 4 | | municipality in the business of renting, leasing
or letting | 5 | | rooms in a hotel, as defined in the Hotel Operators' Occupation
| 6 | | Tax Act, at a rate not to exceed 1% of the gross rental | 7 | | receipts from the
renting, leasing or letting, excluding, | 8 | | however, from gross rental
receipts, the proceeds of the | 9 | | renting, leasing or letting to permanent
residents of that | 10 | | hotel and proceeds from the tax imposed under subsection
(c) of | 11 | | Section 13 of the Metropolitan Pier and Exposition Authority | 12 | | Act.
| 13 | | The tax imposed by a municipality under this Section and | 14 | | all civil
penalties that may be assessed as an incident thereof | 15 | | shall be collected
and enforced by the State Department of | 16 | | Revenue. The certificate of
registration that is issued by the | 17 | | Department to a lessor under the Hotel
Operators' Occupation | 18 | | Tax Act shall permit the registrant to engage in a
business | 19 | | that is taxable under any ordinance or resolution enacted under
| 20 | | this Section without registering separately with the | 21 | | Department under the
ordinance or resolution or under this | 22 | | Section. The Department shall have
full power to administer and | 23 | | enforce this Section; to collect all taxes and
penalties due | 24 | | hereunder; to dispose of taxes and penalties so collected in
| 25 | | the manner provided in this Section; and to determine all | 26 | | rights to credit
memoranda arising on account of the erroneous |
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| 1 | | payment of tax or penalty
hereunder. In the administration of | 2 | | and compliance with this Section, the
Department and persons | 3 | | who are subject to this Section shall have the same
rights, | 4 | | remedies, privileges, immunities, powers and duties, and be | 5 | | subject
to the same conditions, restrictions, limitations, | 6 | | penalties and
definitions of terms, and employ the same modes | 7 | | of procedure, as are
prescribed in the Hotel Operators' | 8 | | Occupation Tax Act and the Uniform
Penalty and Interest Act, as | 9 | | fully as if the provisions contained in those
Acts were set | 10 | | forth herein.
| 11 | | Whenever the Department determines that a refund should be | 12 | | made under this
Section to a claimant instead of issuing a | 13 | | credit memorandum, the Department
shall notify the State | 14 | | Comptroller, who shall cause the warrant to be drawn
for the | 15 | | amount specified, and to the person named, in the notification | 16 | | from
the Department. The refund shall be paid by the State | 17 | | Treasurer out of the
Illinois tourism tax fund.
| 18 | | Persons subject to any tax imposed under authority granted | 19 | | by this
Section may reimburse themselves for their tax | 20 | | liability for that tax by
separately stating the tax as an | 21 | | additional charge, which charge may be
stated in combination, | 22 | | in a single amount, with State tax imposed under the
Hotel | 23 | | Operators' Occupation Tax Act.
| 24 | | The Department shall forthwith pay over to the State | 25 | | Treasurer,
ex-officio, as trustee, all taxes and penalties | 26 | | collected hereunder. On or
before the 25th day of each calendar |
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| 1 | | month, the Department shall prepare
and certify to the | 2 | | Comptroller the disbursement of stated sums of money to
named | 3 | | municipalities from which lessors have paid taxes or penalties
| 4 | | hereunder to the Department during the second preceding | 5 | | calendar month. The
amount to be paid to each municipality | 6 | | shall be the amount (not including
credit memoranda) collected | 7 | | hereunder during the second preceding calendar
month by the | 8 | | Department, and not including an amount equal to the amount of
| 9 | | refunds made during the second preceding calendar month by the | 10 | | Department
on behalf of the municipality, less 4% of the | 11 | | balance, which sum shall be
retained by the State Treasurer to | 12 | | cover the costs incurred by the
Department in administering and | 13 | | enforcing the provisions of this Section,
as provided herein. | 14 | | The Department, at the time of each monthly
disbursement to the | 15 | | municipalities, shall prepare and certify to the
Comptroller | 16 | | the amount so retained by the State Treasurer, which
shall be | 17 | | paid into the General Revenue Fund of the State Treasury.
| 18 | | Within 10 days after receipt by the Comptroller of the | 19 | | disbursement
certification to the municipalities and the | 20 | | General Revenue Fund provided
for in this Section to be given | 21 | | to the Comptroller by the Department, the
Comptroller shall | 22 | | cause the warrants to be drawn for the respective amounts
in | 23 | | accordance with the directions contained in the certification.
| 24 | | Nothing in this Section shall be construed to authorize a | 25 | | municipality
to impose a tax upon the privilege of engaging in | 26 | | any business that,
under the Constitution of the United States, |
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| 1 | | may not be made
the subject of taxation by this State.
| 2 | | An ordinance or resolution imposing a tax hereunder or | 3 | | effecting a change
in the rate thereof shall be effective on | 4 | | the first day of the calendar
month next following the | 5 | | expiration of the publication period provided in
Section 1-2-4 | 6 | | in respect to municipalities governed by that Section.
| 7 | | The corporate authorities of any municipality that levies a | 8 | | tax
authorized by this Section shall transmit to the Department | 9 | | of Revenue on
or not later than 5 days after the effective date | 10 | | of the ordinance or
resolution a certified copy of the | 11 | | ordinance or resolution imposing the
tax; whereupon, the | 12 | | Department of Revenue shall proceed to administer and
enforce | 13 | | this Section on behalf of the municipality as of the effective | 14 | | date
of the ordinance or resolution. Upon a change in rate of a | 15 | | tax levied
hereunder, or upon the discontinuance of the tax, | 16 | | the corporate authorities
of the municipality shall, on or not | 17 | | later than 5 days after the effective
date of the ordinance or | 18 | | resolution discontinuing the tax or effecting a
change in rate, | 19 | | transmit to the Department of Revenue a certified copy of
the | 20 | | ordinance or resolution effecting the change or | 21 | | discontinuance. The
amounts disbursed to any municipality | 22 | | under this Section shall be expended
by the municipality solely | 23 | | to promote tourism, conventions and other
special events within | 24 | | that municipality or otherwise to attract
nonresidents to visit | 25 | | the municipality.
| 26 | | Notwithstanding any provision of this Section to the |
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| 1 | | contrary, the corporate authorities of a municipality may, by | 2 | | ordinance, provide for the amounts collected pursuant to this | 3 | | Section to be deposited into the general fund of the | 4 | | municipality for any municipal purpose. | 5 | | Any municipality receiving and disbursing money under this | 6 | | Section shall
report on or before the first Monday in January | 7 | | of each year to the
Advisory Committee of the Illinois Tourism | 8 | | Promotion Fund, created by
Section 12 of the Illinois Promotion | 9 | | Act. The reports shall specify the
purposes for which the | 10 | | disbursements were made and shall contain detailed
amounts of | 11 | | all receipts and disbursements under this Section.
| 12 | | This Section may be cited as the Tourism, Conventions and | 13 | | Other Special
Events Promotion Act of 1967.
| 14 | | (Source: P.A. 87-205; 87-733; 87-895 .)
| 15 | | (65 ILCS 5/8-3-14) (from Ch. 24, par. 8-3-14)
| 16 | | Sec. 8-3-14. Municipal hotel operators' occupation tax. | 17 | | The corporate authorities of any municipality may impose a
tax | 18 | | upon all persons engaged in such municipality in the business | 19 | | of
renting, leasing or letting rooms in a hotel, as defined in | 20 | | "The Hotel
Operators' Occupation Tax Act," at a rate not to | 21 | | exceed 6% in the City of East Peoria and in the Village of | 22 | | Morton and 5% in all other municipalities of the gross
rental | 23 | | receipts from such renting, leasing or letting, excluding, | 24 | | however,
from gross rental receipts, the proceeds of such | 25 | | renting, leasing or
letting to permanent residents of that |
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| 1 | | hotel and proceeds from the tax
imposed under subsection (c) of | 2 | | Section 13 of the Metropolitan Pier and
Exposition Authority | 3 | | Act, and may provide for the administration and
enforcement of | 4 | | the tax, and for the collection thereof from the persons
| 5 | | subject to the tax, as the corporate authorities determine to | 6 | | be necessary
or practicable for the effective administration of | 7 | | the tax. The municipality may not impose a tax under this | 8 | | Section if it imposes a tax under Section 8-3-14a.
| 9 | | Persons subject to any tax imposed pursuant to authority
| 10 | | granted by this Section may reimburse themselves for their tax
| 11 | | liability for such tax by separately stating such tax as an
| 12 | | additional charge, which charge may be stated in combination,
| 13 | | in a single amount, with State tax imposed under "The Hotel
| 14 | | Operators' Occupation Tax Act".
| 15 | | Nothing in this Section shall be construed to authorize a
| 16 | | municipality to impose a tax upon the privilege of engaging in
| 17 | | any business which under the constitution of the United States
| 18 | | may not be made the subject of taxation by this State.
| 19 | | The amounts collected by any municipality pursuant to this | 20 | | Section shall
be expended by the municipality solely to promote | 21 | | tourism and conventions
within that municipality or otherwise | 22 | | to attract nonresident overnight
visitors to the municipality.
| 23 | | Notwithstanding any provision of this Section to the | 24 | | contrary, the corporate authorities of a municipality may, by | 25 | | ordinance, provide for the amounts collected pursuant to this | 26 | | Section to be deposited into the general fund of the |
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| 1 | | municipality for any municipal purpose. | 2 | | No funds received pursuant to this Section shall be used to | 3 | | advertise for
or otherwise promote new competition in the hotel | 4 | | business.
| 5 | | (Source: P.A. 95-967, eff. 9-23-08; 96-238, eff. 8-11-09.)
| 6 | | (65 ILCS 5/8-3-14a) | 7 | | Sec. 8-3-14a. Municipal hotel use tax. | 8 | | (a) The corporate authorities of any municipality may | 9 | | impose a
tax upon the privilege of renting or leasing rooms in | 10 | | a hotel within the municipality at a rate not to exceed 5% of | 11 | | the rental or lease payment. The corporate authorities may | 12 | | provide for the administration and
enforcement of the tax and | 13 | | for the collection thereof from the persons
subject to the tax, | 14 | | as the corporate authorities determine to be necessary
or | 15 | | practical for the effective administration of the tax. | 16 | | (b) Each hotel in the municipality shall collect the tax | 17 | | from the person making the rental or lease payment at the time | 18 | | that the payment is tendered to the hotel. The hotel shall, as | 19 | | trustee, remit the tax to the municipality. | 20 | | (c) The tax authorized under this Section does not apply to | 21 | | any rental or lease payment by a permanent resident of that | 22 | | hotel or to any payment made to any hotel that is subject to | 23 | | the tax
imposed under subsection (c) of Section 13 of the | 24 | | Metropolitan Pier and
Exposition Authority Act. A municipality | 25 | | may not impose a tax under this Section if it imposes a tax |
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| 1 | | under Section 8-3-14. Nothing in this Section may be construed | 2 | | to authorize a
municipality to impose a tax upon the privilege | 3 | | of engaging in
any business that under the Constitution of the | 4 | | United States
may not be made the subject of taxation by this | 5 | | State. | 6 | | (d) The moneys collected by a municipality under this | 7 | | Section may
be expended solely to promote tourism and | 8 | | conventions
within that municipality or otherwise to attract | 9 | | nonresident overnight
visitors to the municipality. No moneys | 10 | | received under this Section may be used to advertise for
or | 11 | | otherwise promote new competition in the hotel business. | 12 | | (d-5) Notwithstanding any provision of this Section to the | 13 | | contrary, the corporate authorities of a municipality may, by | 14 | | ordinance, provide for the amounts collected pursuant to this | 15 | | Section to be deposited into the general fund of the | 16 | | municipality for any municipal purpose. | 17 | | (e) As used in this Section, "hotel" has the meaning set | 18 | | forth in Section 2 of the Hotel
Operators' Occupation Tax Act.
| 19 | | (Source: P.A. 96-238, eff. 8-11-09.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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