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Public Act 92-0038
SB926 Enrolled LRB9207856MWks
AN ACT concerning tourism.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-705, 605-707, and 605-710 as
follows:
(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
Sec. 605-705. Grants to local tourism and convention
bureaus.
(a) To establish a grant program for local tourism and
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 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
hotel-motel taxes bureaus eligible to receive funds are
defined as those bureaus in legal existence as of January 1,
1985 that are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with at least one municipality or county, and employ one full
time staff person whose purpose is to promote tourism. Each
bureau receiving funds under this Act will be certified by
the Department as the designated recipient to serve an area
of the State. These funds may not be used in support of the
Chicago World's Fair.
(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, 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 shall be used for grants to convention and
tourism 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 the total appropriated 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 promotional activities, and to fund
promotional activities that support an increased use of the
State's parks or historic sites.
(Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
91-357, eff. 7-29-99; revised 8-4-99.)
(20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
Sec. 605-707. International Tourism Program.
(a) The Department of Commerce and Community Affairs
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
in Illinois in the coordination of international tourism
efforts at the State and local level. The Department may (i)
work in cooperation with local convention and tourism bureaus
for efficient use of their international tourism marketing
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 tourism bureaus, and (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.
(b) The Department shall make grants for expenses
related to international tourism and pay for the staffing,
administration, and related support from the International
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, 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 the City of
Chicago's Office of Tourism, 27.5% shall be used for grants
to other convention and tourism bureaus in Chicago other than
the City of Chicago's Office of Tourism, and 45% shall be
used for administrative expenses 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.
(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 grant amount. In certain circumstances as
determined by the Director of Commerce and Community Affairs,
however, the City of Chicago's Office of Tourism or any other
and all convention and tourism bureau may bureaus must
provide matching funds equal to no less than 50% of the grant
amount to be eligible to receive the grant. 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.
(Source: P.A. 91-604, eff. 8-16-99; 91-683, eff. 1-26-00.)
(20 ILCS 605/605-710)
Sec. 605-710. Regional tourism development
organizations. The Department may, subject to appropriation,
provide grants contractual funding from the Tourism Promotion
Fund for the administrative costs of not-for-profit regional
tourism development organizations that assist the Department
in developing tourism throughout a multi-county geographical
area designated by the Department. Regional tourism
development organizations receiving funds under this Section
may be required by the Department to submit to audits of
contracts awarded by the Department to determine whether the
regional tourism development organization has performed all
contractual obligations under those contracts.
Every employee of a regional tourism development
organization receiving funds under this Section shall
disclose to the organization's governing board and to the
Department any economic interest that employee may have in
any entity with which the regional tourism development
organization has contracted or to which the regional tourism
development organization has granted funds.
(Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98;
91-239, eff. 1-1-00.)
Section 10. The Illinois Promotion Act is amended by
changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9, 10, 11, 13,
13a, and 14 as follows:
(20 ILCS 665/1) (from Ch. 127, par. 200-21)
Sec. 1. Short title. This Act shall be known and cited as
the Illinois Promotion Act.
(Source: Laws 1963, p. 2209.)
(20 ILCS 665/2) (from Ch. 127, par. 200-22)
Sec. 2. Legislative findings; policy. The General
Assembly hereby finds, determines and declares:
(a) That the health, safety, morals and general welfare
of the people of the State are directly dependent upon the
continual encouragement, development, growth and expansion of
tourism within the State;
(b) That unemployment, the spread of indigency, and the
heavy burden of public assistance and unemployment
compensation can be alleviated by the promotion, attraction,
stimulation, development and expansion of tourism in the
State;
(c) That the policy of the State of Illinois, in the
interest of promoting the health, safety, morals and welfare
of all the people of the State, is to increase the economic
impact of tourism job opportunities throughout the State
through promotional activities and by making available grants
and loans to be made to local promotion groups and others, as
provided in Sections 5 and 8a of this Act, for promotional
purposes of promoting, developing, and expanding tourism
destinations, tourism attractions, and tourism events.
(Source: Laws 1967, p. 4097.)
(20 ILCS 665/3) (from Ch. 127, par. 200-23)
Sec. 3. Definitions. The following words and terms,
whenever used or referred to in this Act, shall have the
following meanings, except where the context may otherwise
require:
(a) "Department" means the Department of Commerce and
Community Affairs of the State of Illinois.
(b) "Local promotion group" means any non-profit
corporation, organization, association, agency or committee
thereof formed for the primary purpose of publicizing,
promoting, advertising or otherwise encouraging the
development of tourism in any municipality, county, or region
of Illinois.
(c) "Promotional activities" means preparing, planning
and conducting campaigns of information, advertising and
publicity through such media as newspapers, radio,
television, magazines, trade journals, moving and still
photography, posters, outdoor signboards and personal contact
within and without the State of Illinois; dissemination of
information, advertising, publicity, photographs and other
literature and material designed to carry out the purpose of
this Act; and participation in and attendance at meetings and
conventions concerned primarily with tourism, including
travel to and from such meetings.
(d) "Municipality" means "municipality" as defined in
Section 1-1-2 of the Illinois Municipal Code, as heretofore
and hereafter amended.
(e) "Tourism" means travel 50 miles or more one-way or
an overnight trip outside of a person's normal routine.
(Source: P.A. 81-1509.)
(20 ILCS 665/4) (from Ch. 127, par. 200-24)
Sec. 4. Powers. The Department shall have the following
powers:
(a) To formulate a program for the promotion of tourism
and the film industry in the State of Illinois, including,
but not limited to, the promotion of our State Parks, fishing
and hunting areas, historical shrines, vacation regions and
areas of historic or scenic interest.
(b) To cooperate with civic groups and local, State and
federal departments and agencies, and agencies and
departments of other states in encouraging educational
tourism and developing programs therefor.
(c) To publish tourist promotional material such as
brochures and booklets.
(d) To promote tourism in Illinois through all media,
including but not limited to, the Internet, television, by
articles and advertisements in magazines, newspapers and
travel publications and by establishing promotional
exhibitions at fairs, travel shows, and similar exhibitions.
(e) To establish and maintain travel offices at major
points of entry to the State.
(f) To recommend legislation relating to the
encouragement of tourism in Illinois.
(g) To assist municipalities or local promotion groups in
developing new tourist attractions including but not limited
to feasibility studies and analyses, research and
development, and management and marketing planning for such
new tourist attractions.
(h) (Blank). To do such other acts as shall, in the
judgment of the Department, be necessary and proper in
fostering and promoting tourism in the State of Illinois.
(i) To implement a program of matching grants and loans
to counties, municipalities, or local promotion groups and
others, as provided in Sections 5 and 8a of this Act, loans
to for-profit businesses for the development or improvement
of tourism attractions and tourism events in Illinois under
the terms and conditions provided in this Act.
(j) To expend funds from the International and
Promotional Fund, subject to appropriation, on any activity
authorized under this Act.
(k) To do any other acts that, in the judgment of the
Department, are necessary and proper in fostering and
promoting tourism in the State of Illinois.
(Source: P.A. 90-26, eff. 7-1-97; 91-357, eff. 7-29-99.)
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) As soon as possible after the first day of each
month, beginning July 1, 1978 and ending June 30, 1997, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to a special fund in the State
Treasury, to be known as the "Tourism Promotion Fund", an
amount equal to 10% of the net revenue realized from "The
Hotel Operators' Occupation Tax Act", as now or hereafter
amended, plus an amount equal to 10% of the net revenue
realized from any tax imposed under Section 4.05 of the
Chicago World's Fair - 1992 Authority Act, as now or
hereafter amended, during the preceding month. Net revenue
realized for a month shall be the revenue collected by the
State pursuant to 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.
All moneys deposited in the Tourism Promotion Fund
pursuant to this subsection are allocated to the Department
for utilization, as appropriated, in the performance of its
powers under Section 4.
As soon as possible after the first day of each month,
beginning July 1, 1997, upon certification of the Department
of Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Tourism Promotion Fund an amount equal to 13% of the net
revenue realized from the Hotel Operators' Occupation Tax Act
plus an amount equal to 13% 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. "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.
(1.1) (Blank).
(2) As soon as possible after the first day of each
month, beginning July 1, 1997, upon certification of the
Department of Revenue, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Tourism Promotion Fund an amount equal to
8% of the net revenue realized from the Hotel Operators'
Occupation Tax 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. "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.
All monies deposited in the Tourism Promotion Fund under
this subsection (2) shall be used solely as provided in this
subsection to advertise and promote tourism throughout
Illinois. Appropriations of monies deposited in the Tourism
Promotion Fund pursuant to this subsection (2) shall be used
solely for advertising to promote tourism, including but not
limited to advertising production and direct advertisement
costs, but shall not be used to employ any additional staff,
finance any individual event, or lease, rent or purchase any
physical facilities. The Department shall coordinate its
advertising under this subsection (2) with other public and
private entities in the State engaged in similar promotion
activities. Print or electronic media production made
pursuant to this subsection (2) for advertising promotion
shall not contain or include the physical appearance of or
reference to the name or position of any public officer.
"Public officer" means a person who is elected to office
pursuant to statute, or who is appointed to an office which
is established, and the qualifications and duties of which
are prescribed, by statute, to discharge a public duty for
the State or any of its political subdivisions.
(Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655,
eff. 7-30-98; 91-472, eff. 8-10-99.)
(20 ILCS 665/5) (from Ch. 127, par. 200-25)
Sec. 5. Marketing and private sector programs.
(a) The Department is authorized to make grants, subject
to appropriation, from funds transferred into the Tourism
Promotion Fund under subsection (1) of Section 4a to
counties, municipalities, not-for-profit organizations, and
local promotion groups and to assist such counties,
municipalities and local promotion groups in the promotion of
tourism attractions and tourism events their promotional
activities. The Department, after review of the application
and if satisfied that the program and proposed expenditures
of the applicant appear to be in accord with the purposes of
this Act, must grant to the applicant an amount not to exceed
60% of the proposed expenditures.
(b) The Department may make grants, subject to
appropriation, from funds transferred into the Tourism
Promotion Fund under subsection (1) of Section 4a to
counties, municipalities, not-for-profit organizations, local
promotion groups, and for-profit businesses to assist in
attracting and hosting tourism events matched with funds from
sources in the private sector. The Department, after review
of the application and if satisfied that the program
and proposed expenditures of the applicant appear to be in
accord with the purposes of this Act, must grant to the
applicant an amount not to exceed 50% of the proposed
expenditures.
Before any such grant may be made the county,
municipality, not-for-profit organization, or local promotion
group, or for-profit business, pursuant to an order,
resolution, ordinance or other appropriate action of its
governing body, must make application to the Department for
such grant, setting forth the studies, surveys and
investigations proposed to be made and other promotional
activities proposed to be undertaken. The application shall
further state, under oath or affirmation, with evidence
thereof satisfactory to the Department, the amount of funds
held by, committed to or subscribed to, and proposed to be
expended by, the applicant for the purposes herein described
and the amount of the grant for which application is made.
The Department shall make grants from funds transferred
into the Tourism Promotion Fund under subsection (1) of
Section 4a to match funds appropriated or otherwise allocated
by counties, municipalities and local promotion groups
subsequent to the effective date of this Act. The Department
shall make grants from funds transferred into the Tourism
Promotion Fund under subsection (1) of Section 4a only to
match funds from sources in the private sector.
(Source: P.A. 90-26, eff. 7-1-97.)
(20 ILCS 665/7) (from Ch. 127, par. 200-27)
Sec. 7. Notice of approval and grant. Upon approval of
each application and the making of a grant by the Department
in accordance therewith, the Department shall give notice to
the applicant of such approval and grant, and shall direct
the applicant to proceed with its proposed tourism
promotional program as described in its application and to
use the funds allocated by the applicant for such purpose.
Upon the furnishing of satisfactory evidence to the
Department that the applicant has so proceeded, the grant
allocated to such applicant shall be paid over on such basis
to the applicant by the Department.
(Source: Laws 1967, p. 4097.)
(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
Sec. 8a. Tourism grants and loans; fund.
(1) The Department is authorized to make grants and
loans, subject to appropriations by the General Assembly for
this purpose from the Tourism Promotion Fund or the Tourism
Attraction Development Matching Grant Fund, to counties,
municipalities, local promotion groups, not-for-profit
organizations, or for-profit businesses for the development
or improvement of tourism attractions in Illinois.
Individual These grants and loans shall not exceed $1,000,000
and shall not exceed 50% of the entire amount of the actual
expenditures for the development or improvement of a tourist
attraction. Agreements for loans made by the Department
pursuant to this subsection may contain provisions regarding
term, interest rate, security as may be required by the
Department and any other provisions the Department may
require to protect the State's interest.
(2) There is hereby created a special fund in the State
Treasury to be known as the Tourism Attraction Development
Matching Grant Fund. The deposit of monies into this fund
shall be limited to the repayments of principal and interest
from loans made pursuant to subsection (1).
(Source: P.A. 91-683, eff. 1-26-00.)
(20 ILCS 665/9) (from Ch. 127, par. 200-29)
Sec. 9. Administration; rules. The Department is directed
to administer the provisions of this Act with such
flexibility so as to bring about as effective and economical
a tourism promotion program as possible. In order to
effectuate and enforce the provisions of this Act, the
Department is authorized to promulgate necessary rules and
regulations and prescribe procedures in order to assure
compliance by applicants in carrying out the purposes for
which grants and loans may be made under this Act.
(Source: Laws 1967, p. 4097.)
(20 ILCS 665/10) (from Ch. 127, par. 200-30)
Sec. 10. Quarterly statement. The Department shall
submit quarterly to the Governor and to the State Comptroller
a statement on promotional activities undertaken under the
terms of this Act.
(Source: P.A. 78-592.)
(20 ILCS 665/11) (from Ch. 127, par. 200-31)
Sec. 11. Promotional material. Any promotional material
produced as the result of the financial participation of the
State of Illinois under the terms of this Act shall so
indicate thereon.
(Source: Laws 1963, p. 2209.)
(20 ILCS 665/13) (from Ch. 127, par. 200-33)
Sec. 13. Powers of municipalities and counties. For the
purposes set out in this Act, the corporate authorities of
each city, village or incorporated town and the county board
of each county may (1) promote the advantages of the
municipality or county, as the case may be, for tourism,
industrial development and other activities and programs
designed to stimulate employment, (2) appropriate funds for
promotional activities and programs, (3) accept gifts and
grants to be used for promotional purposes, and (4) join with
other municipalities, counties, and local promotion groups in
promotional activities and programs.
(Source: Laws 1963, p. 2209.)
(20 ILCS 665/13a) (from Ch. 127, par. 200-33a)
Sec. 13a. Affirmative action. The Department shall,
within 90 days after the effective date of this amendatory
Act of 1984, establish and maintain an affirmative action
program designed to promote equal employment opportunity and
eliminate the effects of past discrimination. Such program
shall include a plan which shall specify goals and methods
for increasing participation by women and minorities in
employment by parties which receive funds pursuant to this
Act. The Department shall submit a detailed plan with the
General Assembly prior to March 1 of each year. Such program
shall also establish procedures to ensure compliance with the
plan established pursuant to this Section and with State and
federal laws and regulations relating to the employment of
women and minorities.
(Source: P.A. 83-1129.)
(20 ILCS 665/14) (from Ch. 127, par. 200-34)
Sec. 14. Severability. If any section, subdivision,
sentence or clause of this Act is for any reason held invalid
or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Act.
(Source: Laws 1963, p. 2209.)
(20 ILCS 665/6 rep.)
Section 15. The Illinois Promotion Act is amended by
repealing Section 6.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved June 28, 2001.
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