HB2473 Engrossed LRB095 00892 BDD 20894 b

1     AN ACT concerning revenue.
 
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) All moneys deposited in the Tourism Promotion Fund
9 pursuant to this subsection are allocated to the Department for
10 utilization, as appropriated, in the performance of its powers
11 under Section 4.
12     As soon as possible after the first day of each month,
13 beginning July 1, 1997, upon certification of the Department of
14 Revenue, the Comptroller shall order transferred and the
15 Treasurer shall transfer from the General Revenue Fund to the
16 Tourism Promotion Fund an amount equal to 17% 13% of the net
17 revenue realized from the Hotel Operators' Occupation Tax Act
18 plus an amount equal to 17% 13% of the net revenue realized
19 from any tax imposed under Section 4.05 of the Chicago World's
20 Fair-1992 Authority Act during the preceding month. "Net
21 revenue realized for a month" means the revenue collected by
22 the State under that Act during the previous month less the
23 amount paid out during that same month as refunds to taxpayers

 

 

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1 for overpayment of liability under that Act.
2     (1.1) (Blank).
3     (2) As soon as possible after the first day of each month,
4 beginning July 1, 1997, upon certification of the Department of
5 Revenue, the Comptroller shall order transferred and the
6 Treasurer shall transfer from the General Revenue Fund to the
7 Tourism Promotion Fund an amount equal to 11% 8% of the net
8 revenue realized from the Hotel Operators' Occupation Tax plus
9 an amount equal to 11% 8% of the net revenue realized from any
10 tax imposed under Section 4.05 of the Chicago World's Fair-1992
11 Authority Act during the preceding month. "Net revenue realized
12 for a month" means the revenue collected by the State under
13 that Act during the previous month less the amount paid out
14 during that same month as refunds to taxpayers for overpayment
15 of liability under that Act.
16     All monies deposited in the Tourism Promotion Fund under
17 this subsection (2) shall be used solely as provided in this
18 subsection to advertise and promote tourism throughout
19 Illinois. Appropriations of monies deposited in the Tourism
20 Promotion Fund pursuant to this subsection (2) shall be used
21 solely for advertising to promote tourism, including but not
22 limited to advertising production and direct advertisement
23 costs, but shall not be used to employ any additional staff,
24 finance any individual event, or lease, rent or purchase any
25 physical facilities. The Department shall coordinate its
26 advertising under this subsection (2) with other public and

 

 

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1 private entities in the State engaged in similar promotion
2 activities. Print or electronic media production made pursuant
3 to this subsection (2) for advertising promotion shall not
4 contain or include the physical appearance of or reference to
5 the name or position of any public officer. "Public officer"
6 means a person who is elected to office pursuant to statute, or
7 who is appointed to an office which is established, and the
8 qualifications and duties of which are prescribed, by statute,
9 to discharge a public duty for the State or any of its
10 political subdivisions.
11 (Source: P.A. 91-472, eff. 8-10-99; 92-38, eff. 6-28-01.)
 
12     Section 10. The Hotel Operators' Occupation Tax Act is
13 amended by changing Section 6 as follows:
 
14     (35 ILCS 145/6)  (from Ch. 120, par. 481b.36)
15     Sec. 6. Except as provided hereinafter in this Section, on
16 or before the last day of each calendar month, every person
17 engaged in the business of renting, leasing or letting rooms in
18 a hotel in this State during the preceding calendar month shall
19 file a return with the Department, stating:
20         1. The name of the operator;
21         2. His residence address and the address of his
22     principal place of business and the address of the
23     principal place of business (if that is a different
24     address) from which he engages in the business of renting,

 

 

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1     leasing or letting rooms in a hotel in this State;
2         3. Total amount of rental receipts received by him
3     during the preceding calendar month from renting, leasing
4     or letting rooms during such preceding calendar month;
5         4. Total amount of rental receipts received by him
6     during the preceding calendar month from renting, leasing
7     or letting rooms to permanent residents during such
8     preceding calendar month;
9         5. Total amount of other exclusions from gross rental
10     receipts allowed by this Act;
11         6. Gross rental receipts which were received by him
12     during the preceding calendar month and upon the basis of
13     which the tax is imposed;
14         7. The amount of tax due;
15         8. Such other reasonable information as the Department
16     may require.
17     If the operator's average monthly tax liability to the
18 Department does not exceed $200, the Department may authorize
19 his returns to be filed on a quarter annual basis, with the
20 return for January, February and March of a given year being
21 due by April 30 of such year; with the return for April, May
22 and June of a given year being due by July 31 of such year; with
23 the return for July, August and September of a given year being
24 due by October 31 of such year, and with the return for
25 October, November and December of a given year being due by
26 January 31 of the following year.

 

 

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1     If the operator's average monthly tax liability to the
2 Department does not exceed $50, the Department may authorize
3 his returns to be filed on an annual basis, with the return for
4 a given year being due by January 31 of the following year.
5     Such quarter annual and annual returns, as to form and
6 substance, shall be subject to the same requirements as monthly
7 returns.
8     Notwithstanding any other provision in this Act concerning
9 the time within which an operator may file his return, in the
10 case of any operator who ceases to engage in a kind of business
11 which makes him responsible for filing returns under this Act,
12 such operator shall file a final return under this Act with the
13 Department not more than 1 month after discontinuing such
14 business.
15     Where the same person has more than 1 business registered
16 with the Department under separate registrations under this
17 Act, such person shall not file each return that is due as a
18 single return covering all such registered businesses, but
19 shall file separate returns for each such registered business.
20     In his return, the operator shall determine the value of
21 any consideration other than money received by him in
22 connection with the renting, leasing or letting of rooms in the
23 course of his business and he shall include such value in his
24 return. Such determination shall be subject to review and
25 revision by the Department in the manner hereinafter provided
26 for the correction of returns.

 

 

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1     Where the operator is a corporation, the return filed on
2 behalf of such corporation shall be signed by the president,
3 vice-president, secretary or treasurer or by the properly
4 accredited agent of such corporation.
5     The person filing the return herein provided for shall, at
6 the time of filing such return, pay to the Department the
7 amount of tax herein imposed. The operator filing the return
8 under this Section shall, at the time of filing such return,
9 pay to the Department the amount of tax imposed by this Act
10 less a discount of 2.1% or $25 per calendar year, whichever is
11 greater, which is allowed to reimburse the operator for the
12 expenses incurred in keeping records, preparing and filing
13 returns, remitting the tax and supplying data to the Department
14 on request.
15     There shall be deposited in the Build Illinois Fund in the
16 State Treasury for each State fiscal year 40% of the amount of
17 total net proceeds from the tax imposed by subsection (a) of
18 Section 3. Of the remaining 60%, $5,000,000 shall be deposited
19 in the Illinois Sports Facilities Fund and credited to the
20 Subsidy Account each fiscal year by making monthly deposits in
21 the amount of 1/8 of $5,000,000 plus cumulative deficiencies in
22 such deposits for prior months, and an additional $8,000,000
23 shall be deposited in the Illinois Sports Facilities Fund and
24 credited to the Advance Account each fiscal year by making
25 monthly deposits in the amount of 1/8 of $8,000,000 plus any
26 cumulative deficiencies in such deposits for prior months;

 

 

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1 provided, that for fiscal years ending after June 30, 2001, the
2 amount to be so deposited into the Illinois Sports Facilities
3 Fund and credited to the Advance Account each fiscal year shall
4 be increased from $8,000,000 to the then applicable Advance
5 Amount and the required monthly deposits beginning with July
6 2001 shall be in the amount of 1/8 of the then applicable
7 Advance Amount plus any cumulative deficiencies in those
8 deposits for prior months. (The deposits of the additional
9 $8,000,000 or the then applicable Advance Amount, as
10 applicable, during each fiscal year shall be treated as
11 advances of funds to the Illinois Sports Facilities Authority
12 for its corporate purposes to the extent paid to the Authority
13 or its trustee and shall be repaid into the General Revenue
14 Fund in the State Treasury by the State Treasurer on behalf of
15 the Authority pursuant to Section 19 of the Illinois Sports
16 Facilities Authority Act, as amended. If in any fiscal year the
17 full amount of the then applicable Advance Amount is not repaid
18 into the General Revenue Fund, then the deficiency shall be
19 paid from the amount in the Local Government Distributive Fund
20 that would otherwise be allocated to the City of Chicago under
21 the State Revenue Sharing Act.)
22     For purposes of the foregoing paragraph, the term "Advance
23 Amount" means, for fiscal year 2002, $22,179,000, and for
24 subsequent fiscal years through fiscal year 2032, 105.615% of
25 the Advance Amount for the immediately preceding fiscal year,
26 rounded up to the nearest $1,000.

 

 

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1     Of the remaining 60% of the amount of total net proceeds
2 from the tax imposed by subsection (a) of Section 3 after all
3 required deposits in the Illinois Sports Facilities Fund, the
4 amount equal to 12% 8% of the net revenue realized from the
5 Hotel Operators' Occupation Tax Act plus an amount equal to 12%
6 8% of the net revenue realized from any tax imposed under
7 Section 4.05 of the Chicago World's Fair-1992 Authority Act
8 during the preceding month shall be deposited in the Local
9 Tourism Fund each month for purposes authorized by Section
10 605-705 of the Department of Commerce and Economic Opportunity
11 Community Affairs Law (20 ILCS 605/605-705) in the Local
12 Tourism Fund, and beginning August 1, 1999, the amount equal to
13 6% 4.5% of the net revenue realized from the Hotel Operators'
14 Occupation Tax Act during the preceding month shall be
15 deposited into the International Tourism Fund for the purposes
16 authorized in Section 605-707 605-725 of the Department of
17 Commerce and Economic Opportunity Community Affairs Law, and
18 the amount equal to 1% of the amount of total net revenue
19 realized from the tax imposed by subsection (a) of Section 3
20 during the preceding month must be deposited in the Local
21 Planning Fund in the State treasury. "Net revenue realized for
22 a month" means the revenue collected by the State under that
23 Act during the previous month less the amount paid out during
24 that same month as refunds to taxpayers for overpayment of
25 liability under that Act.
26     After making all these deposits, all other proceeds of the

 

 

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1 tax imposed under subsection (a) of Section 3 shall be
2 deposited in the General Revenue Fund in the State Treasury.
3 All moneys received by the Department from the additional tax
4 imposed under subsection (b) of Section 3 shall be deposited
5 into the Build Illinois Fund in the State Treasury.
6     The Department may, upon separate written notice to a
7 taxpayer, require the taxpayer to prepare and file with the
8 Department on a form prescribed by the Department within not
9 less than 60 days after receipt of the notice an annual
10 information return for the tax year specified in the notice.
11 Such annual return to the Department shall include a statement
12 of gross receipts as shown by the operator's last State income
13 tax return. If the total receipts of the business as reported
14 in the State income tax return do not agree with the gross
15 receipts reported to the Department for the same period, the
16 operator shall attach to his annual information return a
17 schedule showing a reconciliation of the 2 amounts and the
18 reasons for the difference. The operator's annual information
19 return to the Department shall also disclose pay roll
20 information of the operator's business during the year covered
21 by such return and any additional reasonable information which
22 the Department deems would be helpful in determining the
23 accuracy of the monthly, quarterly or annual tax returns by
24 such operator as hereinbefore provided for in this Section.
25     If the annual information return required by this Section
26 is not filed when and as required the taxpayer shall be liable

 

 

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1 for a penalty in an amount determined in accordance with
2 Section 3-4 of the Uniform Penalty and Interest Act until such
3 return is filed as required, the penalty to be assessed and
4 collected in the same manner as any other penalty provided for
5 in this Act.
6     The chief executive officer, proprietor, owner or highest
7 ranking manager shall sign the annual return to certify the
8 accuracy of the information contained therein. Any person who
9 willfully signs the annual return containing false or
10 inaccurate information shall be guilty of perjury and punished
11 accordingly. The annual return form prescribed by the
12 Department shall include a warning that the person signing the
13 return may be liable for perjury.
14     The foregoing portion of this Section concerning the filing
15 of an annual information return shall not apply to an operator
16 who is not required to file an income tax return with the
17 United States Government.
18 (Source: P.A. 92-16, eff. 6-28-01; 92-600, eff. 6-28-02;
19 revised 10-15-03.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.