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92_SB0926enr SB926 Enrolled LRB9207856MWks 1 AN ACT concerning tourism. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Commerce and Community 5 Affairs Law of the Civil Administrative Code of Illinois is 6 amended by changing Sections 605-705, 605-707, and 605-710 as 7 follows: 8 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) 9 Sec. 605-705. Grants to local tourism and convention 10 bureaus. 11 (a) To establish a grant program for local tourism and 12 convention bureaus. The Department will develop and 13 implement a program for the use of funds, as authorized under 14 this Act, by local tourism and convention bureaus. For the 15 purposes of this Act, bureaus eligible to receive funds are 16 those local tourism and convention bureaus that are (i) 17 either units of local government or incorporated as 18 not-for-profit organizations; (ii) in legal existence for a 19 minimum of 2 years before July 1, 2001; (iii) operating with 20 a paid, full-time staff whose sole purpose is to promote 21 tourism in the designated service area; and (iv) affiliated 22 with one or more municipalities or counties that support the 23 bureau with local hotel-motel taxes. After July 1, 2001, 24 bureaus requesting certification in order to receive funds 25 for the first time must be local tourism and convention 26 bureaus that are (i) either units of local government or 27 incorporated as not-for-profit organizations; (ii) in legal 28 existence for a minimum of 2 years before the request for 29 certification; (iii) operating with a paid, full-time staff 30 whose sole purpose is to promote tourism in the designated 31 service area; and (iv) affiliated with multiple SB926 Enrolled -2- LRB9207856MWks 1 municipalities or counties that support the bureau with local 2 hotel-motel taxesbureaus eligible to receive funds are3defined as those bureaus in legal existence as of January 1,41985 that are either a unit of local government or5incorporated as a not-for-profit organization, are affiliated6with at least one municipality or county, and employ one full7time staff person whose purpose is to promote tourism. Each 8 bureau receiving funds under this Act will be certified by 9 the Department as the designated recipient to serve an area 10 of the State.These funds may not be used in support of the11Chicago World's Fair.12 (b) To distribute grants to local tourism and convention 13 bureaus from appropriations made from the Local Tourism Fund 14 for that purpose. Of the amounts appropriated annually to 15 the Department for expenditure under this Section, one-third 16 of those monies shall be used for grants to convention and 17 tourism bureaus in cities with a population greater than 18 500,000. The remaining two-thirds of the annual 19 appropriation shall be used for grants to convention and 20 tourism bureaus in the remainder of the State, in accordance 21 with a formula based upon the population served. The 22 Department may reserve up to 10% of the total appropriated to 23 conduct audits of grants, to provide incentive funds to those 24 bureaus that will conduct promotional activities designed to 25 further the Department's statewide advertising campaign, to 26 fund special statewide promotional activities, and to fund 27 promotional activities that support an increased use of the 28 State's parks or historic sites. 29 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 30 91-357, eff. 7-29-99; revised 8-4-99.) 31 (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d) 32 Sec. 605-707. International Tourism Program. 33 (a) The Department of Commerce and Community Affairs SB926 Enrolled -3- LRB9207856MWks 1 must establish a program for international tourism. The 2 Department shall develop and implement the program on January 3 1, 2000 by rule. As part of the program, the Department may 4 work in cooperation with local convention and tourism bureaus 5 in Illinois in the coordination of international tourism 6 efforts at the State and local level. The Department may (i) 7 work in cooperation with local convention and tourism bureaus 8 for efficient use of their international tourism marketing 9 resources, (ii) promote Illinois in international meetings 10 and tourism markets, (iii) work with convention and tourism 11 bureaus throughout the State to increase the number of 12 international tourists to Illinois, (iv) provide training, 13 research, technical support, and grants to certified 14 convention and tourism bureaus,and(v) provide staff, 15 administration, and related support required to manage the 16 programs under this Section, and (vi) provide grants for the 17 development of or the enhancement of international tourism 18 attractions. 19 (b) The Department shall make grants for expenses 20 related to international tourism and pay for the staffing, 21 administration, and related support from the International 22 Tourism Fund, a special fund created in the State Treasury. 23 Of the amounts deposited into the Fund in fiscal year 2000 24 after January 1, 2000, 55% shall be used for grants to 25 convention and tourism bureaus in Chicago (other than the 26 City of Chicago's Office of Tourism) and 45% shall be used 27 for development of international tourism in areas outside of 28 Chicago. Of the amounts deposited into the Fund in fiscal 29 year 2001 and thereafter, 55% shall be used for grants to 30 convention and tourism bureaus in Chicago, and of that amount 31 not less than 27.5%shall be used for grants to the City of32Chicago's Office of Tourism, 27.5%shall be used for grants 33 tootherconvention and tourism bureaus in Chicago other than 34 the City of Chicago's Office of Tourism, and 45% shall be SB926 Enrolled -4- LRB9207856MWks 1 used for administrative expenses authorized under this 2 Section and development of international tourism in areas 3 outside of Chicago, of which not less than $1,000,000 shall 4 be used annually to make grants to convention and tourism 5 bureaus in cities other than Chicago that demonstrate their 6 international tourism appeal and request to develop or expand 7 their international tourism marketing program, and may also 8 be used to provide grants under item (vi) of subsection (a) 9 of this Section. 10 (c) A convention and tourism bureau is eligible to 11 receive grant moneys under this Section if the bureau is 12 certified to receive funds under Title 14 of the Illinois 13 Administrative Code, Section 550.35. To be eligible for a 14 grant, a convention and tourism bureau must provide matching 15 funds equal to the grant amount. In certain circumstances as 16 determined by the Director of Commerce and Community Affairs, 17 however, the City of Chicago's Office of Tourism or any other 18and allconvention and tourism bureau maybureaus must19 provide matching funds equal to no less than 50% of the grant 20 amount to be eligible to receive the grant. One-half of this 21 50% may be provided through in-kind contributions. Grants 22 received by the City of Chicago's Office of Tourism and by 23 convention and tourism bureaus in Chicago may be expended for 24 the general purposes of promoting conventions and tourism. 25 (Source: P.A. 91-604, eff. 8-16-99; 91-683, eff. 1-26-00.) 26 (20 ILCS 605/605-710) 27 Sec. 605-710. Regional tourism development 28 organizations. The Department may, subject to appropriation, 29 provide grantscontractual fundingfrom the Tourism Promotion 30 Fund for the administrative costs of not-for-profit regional 31 tourism development organizations that assist the Department 32 in developing tourism throughout a multi-county geographical 33 area designated by the Department. Regional tourism SB926 Enrolled -5- LRB9207856MWks 1 development organizations receiving funds under this Section 2 may be required by the Department to submit to audits of 3 contracts awarded by the Department to determine whether the 4 regional tourism development organization has performed all 5 contractual obligations under those contracts. 6 Every employee of a regional tourism development 7 organization receiving funds under this Section shall 8 disclose to the organization's governing board and to the 9 Department any economic interest that employee may have in 10 any entity with which the regional tourism development 11 organization has contracted or to which the regional tourism 12 development organization has granted funds. 13 (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98; 14 91-239, eff. 1-1-00.) 15 Section 10. The Illinois Promotion Act is amended by 16 changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9, 10, 11, 13, 17 13a, and 14 as follows: 18 (20 ILCS 665/1) (from Ch. 127, par. 200-21) 19 Sec. 1. Short title. This Act shall be known and cited as 20 the Illinois Promotion Act. 21 (Source: Laws 1963, p. 2209.) 22 (20 ILCS 665/2) (from Ch. 127, par. 200-22) 23 Sec. 2. Legislative findings; policy. The General 24 Assembly hereby finds, determines and declares: 25 (a) That the health, safety, morals and general welfare 26 of the people of the State are directly dependent upon the 27 continual encouragement, development, growth and expansion of 28 tourism within the State; 29 (b) That unemployment, the spread of indigency, and the 30 heavy burden of public assistance and unemployment 31 compensation can be alleviated by the promotion, attraction, SB926 Enrolled -6- LRB9207856MWks 1 stimulation, development and expansion of tourism in the 2 State; 3 (c) That the policy of the State of Illinois, in the 4 interest of promoting the health, safety, morals and welfare 5 of all the people of the State, is to increase the economic 6 impact of tourismjob opportunitiesthroughout the State 7 through promotional activities and by making available grants 8 and loans to be made to local promotion groups and others, as 9 provided in Sections 5 and 8a of this Act, forpromotional10 purposes of promoting, developing, and expanding tourism 11 destinations, tourism attractions, and tourism events. 12 (Source: Laws 1967, p. 4097.) 13 (20 ILCS 665/3) (from Ch. 127, par. 200-23) 14 Sec. 3. Definitions. The following words and terms, 15 whenever used or referred to in this Act, shall have the 16 following meanings, except where the context may otherwise 17 require: 18 (a) "Department" means the Department of Commerce and 19 Community Affairs of the State of Illinois. 20 (b) "Local promotion group" means any non-profit 21 corporation, organization, association, agency or committee 22 thereof formed for the primary purpose of publicizing, 23 promoting, advertising or otherwise encouraging the 24 development of tourism in any municipality, county, or region 25 of Illinois. 26 (c) "Promotional activities" means preparing, planning 27 and conducting campaigns of information, advertising and 28 publicity through such media as newspapers, radio, 29 television, magazines, trade journals, moving and still 30 photography, posters, outdoor signboards and personal contact 31 within and without the State of Illinois; dissemination of 32 information, advertising, publicity, photographs and other 33 literature and material designed to carry out the purpose of SB926 Enrolled -7- LRB9207856MWks 1 this Act; and participation in and attendance at meetings and 2 conventions concerned primarily with tourism, including 3 travel to and from such meetings. 4 (d) "Municipality" means "municipality" as defined in 5 Section 1-1-2 of the Illinois Municipal Code, as heretofore 6 and hereafter amended. 7 (e) "Tourism" means travel 50 miles or more one-way or 8 an overnight trip outside of a person's normal routine. 9 (Source: P.A. 81-1509.) 10 (20 ILCS 665/4) (from Ch. 127, par. 200-24) 11 Sec. 4. Powers. The Department shall have the following 12 powers: 13 (a) To formulate a program for the promotion of tourism 14 and the film industry in the State of Illinois, including, 15 but not limited to, the promotion of our State Parks, fishing 16 and hunting areas, historical shrines, vacation regions and 17 areas of historic or scenic interest. 18 (b) To cooperate with civic groups and local, State and 19 federal departments and agencies, and agencies and 20 departments of other states in encouraging educational 21 tourism and developing programs therefor. 22 (c) To publish tourist promotional material such as 23 brochures and booklets. 24 (d) To promote tourism in Illinois through all media, 25 including but not limited to, the Internet, television,by26 articles and advertisements in magazines, newspapers and 27 travel publications and by establishing promotional 28 exhibitions at fairs, travel shows, and similar exhibitions. 29 (e) To establish and maintain travel offices at major 30 points of entry to the State. 31 (f) To recommend legislation relating to the 32 encouragement of tourism in Illinois. 33 (g) To assist municipalities or local promotion groups in SB926 Enrolled -8- LRB9207856MWks 1 developing new tourist attractions including but not limited 2 to feasibility studies and analyses, research and 3 development, and management and marketing planning for such 4 new tourist attractions. 5 (h) (Blank).To do such other acts as shall, in the6judgment of the Department, be necessary and proper in7fostering and promoting tourism in the State of Illinois.8 (i) To implement a program of matching grants and loans 9 to counties, municipalities,orlocal promotion groups and 10 others, as provided in Sections 5 and 8a of this Act,loans11to for-profit businessesfor the development or improvement 12 of tourism attractions and tourism events in Illinois under 13 the terms and conditions provided in this Act. 14 (j) To expend funds from the International and 15 Promotional Fund, subject to appropriation, on any activity 16 authorized under this Act. 17 (k) To do any other acts that, in the judgment of the 18 Department, are necessary and proper in fostering and 19 promoting tourism in the State of Illinois. 20 (Source: P.A. 90-26, eff. 7-1-97; 91-357, eff. 7-29-99.) 21 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a) 22 Sec. 4a. Funds. 23 (1)As soon as possible after the first day of each24month, beginning July 1, 1978 and ending June 30, 1997, upon25certification of the Department of Revenue, the Comptroller26shall order transferred and the Treasurer shall transfer from27the General Revenue Fund to a special fund in the State28Treasury, to be known as the "Tourism Promotion Fund", an29amount equal to 10% of the net revenue realized from "The30Hotel Operators' Occupation Tax Act", as now or hereafter31amended, plus an amount equal to 10% of the net revenue32realized from any tax imposed under Section 4.05 of the33Chicago World's Fair - 1992 Authority Act, as now orSB926 Enrolled -9- LRB9207856MWks 1hereafter amended, during the preceding month. Net revenue2realized for a month shall be the revenue collected by the3State pursuant to that Act during the previous month less the4amount paid out during that same month as refunds to5taxpayers for overpayment of liability under that Act.6 All moneys deposited in the Tourism Promotion Fund 7 pursuant to this subsection are allocated to the Department 8 for utilization, as appropriated, in the performance of its 9 powers under Section 4. 10 As soon as possible after the first day of each month, 11 beginning July 1, 1997, upon certification of the Department 12 of Revenue, the Comptroller shall order transferred and the 13 Treasurer shall transfer from the General Revenue Fund to the 14 Tourism Promotion Fund an amount equal to 13% of the net 15 revenue realized from the Hotel Operators' Occupation Tax Act 16 plus an amount equal to 13% of the net revenue realized from 17 any tax imposed under Section 4.05 of the Chicago World's 18 Fair-1992 Authority Act during the preceding month. "Net 19 revenue realized for a month" means the revenue collected by 20 the State under that Act during the previous month less the 21 amount paid out during that same month as refunds to 22 taxpayers for overpayment of liability under that Act. 23 (1.1) (Blank). 24 (2) As soon as possible after the first day of each 25 month, beginning July 1, 1997, upon certification of the 26 Department of Revenue, the Comptroller shall order 27 transferred and the Treasurer shall transfer from the General 28 Revenue Fund to the Tourism Promotion Fund an amount equal to 29 8% of the net revenue realized from the Hotel Operators' 30 Occupation Tax plus an amount equal to 8% of the net revenue 31 realized from any tax imposed under Section 4.05 of the 32 Chicago World's Fair-1992 Authority Act during the preceding 33 month. "Net revenue realized for a month" means the revenue 34 collected by the State under that Act during the previous SB926 Enrolled -10- LRB9207856MWks 1 month less the amount paid out during that same month as 2 refunds to taxpayers for overpayment of liability under that 3 Act. 4 All monies deposited in the Tourism Promotion Fund under 5 this subsection (2) shall be used solely as provided in this 6 subsection to advertise and promote tourism throughout 7 Illinois. Appropriations of monies deposited in the Tourism 8 Promotion Fund pursuant to this subsection (2) shall be used 9 solely for advertising to promote tourism, including but not 10 limited to advertising production and direct advertisement 11 costs, but shall not be used to employ any additional staff, 12 finance any individual event, or lease, rent or purchase any 13 physical facilities. The Department shall coordinate its 14 advertising under this subsection (2) with other public and 15 private entities in the State engaged in similar promotion 16 activities. Print or electronic media production made 17 pursuant to this subsection (2) for advertising promotion 18 shall not contain or include the physical appearance of or 19 reference to the name or position of any public officer. 20 "Public officer" means a person who is elected to office 21 pursuant to statute, or who is appointed to an office which 22 is established, and the qualifications and duties of which 23 are prescribed, by statute, to discharge a public duty for 24 the State or any of its political subdivisions. 25 (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, 26 eff. 7-30-98; 91-472, eff. 8-10-99.) 27 (20 ILCS 665/5) (from Ch. 127, par. 200-25) 28 Sec. 5. Marketing and private sector programs. 29 (a) The Department is authorized to make grants, subject 30 to appropriation, from funds transferred into the Tourism 31 Promotion Fund under subsection (1) of Section 4a to 32 counties, municipalities, not-for-profit organizations, and 33 local promotion groups and to assist such counties, SB926 Enrolled -11- LRB9207856MWks 1 municipalities and local promotion groups in the promotion of 2 tourism attractions and tourism eventstheir promotional3activities. The Department, after review of the application 4 and if satisfied that the program and proposed expenditures 5 of the applicant appear to be in accord with the purposes of 6 this Act, must grant to the applicant an amount not to exceed 7 60% of the proposed expenditures. 8 (b) The Department may make grants, subject to 9 appropriation, from funds transferred into the Tourism 10 Promotion Fund under subsection (1) of Section 4a to 11 counties, municipalities, not-for-profit organizations, local 12 promotion groups, and for-profit businesses to assist in 13 attracting and hosting tourism events matched with funds from 14 sources in the private sector. The Department, after review 15 of the application and if satisfied that the program 16 and proposed expenditures of the applicant appear to be in 17 accord with the purposes of this Act, must grant to the 18 applicant an amount not to exceed 50% of the proposed 19 expenditures. 20 Before any such grant may be made the county, 21 municipality, not-for-profit organization,orlocal promotion 22 group, or for-profit business, pursuant to an order,23resolution, ordinance or other appropriate action of its24governing body,must make application to the Department for 25 such grant, setting forth the studies, surveys and 26 investigations proposed to be made and otherpromotional27 activities proposed to be undertaken. The application shall 28 further state, under oath or affirmation, with evidence 29 thereof satisfactory to the Department, the amount of funds 30 held by, committed to or subscribed to, and proposed to be 31 expended by, the applicant for the purposes herein described 32 and the amount of the grant for which application is made. 33The Department shall make grants from funds transferred34into the Tourism Promotion Fund under subsection (1) ofSB926 Enrolled -12- LRB9207856MWks 1Section 4a to match funds appropriated or otherwise allocated2by counties, municipalities and local promotion groups3subsequent to the effective date of this Act. The Department4shall make grants from funds transferred into the Tourism5Promotion Fund under subsection (1) of Section 4a only to6match funds from sources in the private sector.7 (Source: P.A. 90-26, eff. 7-1-97.) 8 (20 ILCS 665/7) (from Ch. 127, par. 200-27) 9 Sec. 7. Notice of approval and grant. Upon approval of 10 each application and the making of a grant by the Department 11 in accordance therewith, the Department shall give notice to 12 the applicant of such approval and grant, and shall direct 13 the applicant to proceed with its proposed tourism 14promotionalprogram as described in its application and to 15 use the funds allocated by the applicant for such purpose. 16 Upon the furnishing of satisfactory evidence to the 17 Department that the applicant has so proceeded, the grant 18 allocated to such applicant shall be paid over on such basis 19 to the applicant by the Department. 20 (Source: Laws 1967, p. 4097.) 21 (20 ILCS 665/8a) (from Ch. 127, par. 200-28a) 22 Sec. 8a. Tourism grants and loans; fund. 23 (1) The Department is authorized to make grants and 24 loans, subject to appropriations by the General Assembly for 25 this purpose from the Tourism Promotion Fund or the Tourism 26 Attraction Development Matching Grant Fund, to counties, 27 municipalities, local promotion groups, not-for-profit 28 organizations, or for-profit businesses for the development 29 or improvement of tourism attractions in Illinois. 30 IndividualThesegrants and loans shall not exceed $1,000,000 31 and shall not exceed 50% of the entire amount of the actual 32 expenditures for the development or improvement of a tourist SB926 Enrolled -13- LRB9207856MWks 1 attraction. Agreements for loans made by the Department 2 pursuant to this subsection may contain provisions regarding 3 term, interest rate, security as may be required by the 4 Department and any other provisions the Department may 5 require to protect the State's interest. 6 (2) There is hereby created a special fund in the State 7 Treasury to be known as the Tourism Attraction Development 8 Matching Grant Fund. The deposit of monies into this fund 9 shall be limited to the repayments of principal and interest 10 from loans made pursuant to subsection (1). 11 (Source: P.A. 91-683, eff. 1-26-00.) 12 (20 ILCS 665/9) (from Ch. 127, par. 200-29) 13 Sec. 9. Administration; rules. The Department is directed 14 to administer the provisions of this Act with such 15 flexibility so as to bring about as effective and economical 16 a tourismpromotionprogram as possible. In order to 17 effectuate and enforce the provisions of this Act, the 18 Department is authorized to promulgate necessary rules and 19 regulations and prescribe procedures in order to assure 20 compliance by applicants in carrying out the purposes for 21 which grants and loans may be made under this Act. 22 (Source: Laws 1967, p. 4097.) 23 (20 ILCS 665/10) (from Ch. 127, par. 200-30) 24 Sec. 10. Quarterly statement. The Department shall 25 submit quarterly to the Governor and to the State Comptroller 26 a statement on promotional activities undertaken under the 27 terms of this Act. 28 (Source: P.A. 78-592.) 29 (20 ILCS 665/11) (from Ch. 127, par. 200-31) 30 Sec. 11. Promotional material. Any promotional material 31 produced as the result of the financial participation of the SB926 Enrolled -14- LRB9207856MWks 1 State of Illinois under the terms of this Act shall so 2 indicate thereon. 3 (Source: Laws 1963, p. 2209.) 4 (20 ILCS 665/13) (from Ch. 127, par. 200-33) 5 Sec. 13. Powers of municipalities and counties. For the 6 purposes set out in this Act, the corporate authorities of 7 each city, village or incorporated town and the county board 8 of each county may (1) promote the advantages of the 9 municipality or county, as the case may be, for tourism, 10 industrial development and other activities and programs 11 designed to stimulate employment, (2) appropriate funds for 12 promotional activities and programs, (3) accept gifts and 13 grants to be used for promotional purposes, and (4) join with 14 other municipalities, counties, and local promotion groups in 15 promotional activities and programs. 16 (Source: Laws 1963, p. 2209.) 17 (20 ILCS 665/13a) (from Ch. 127, par. 200-33a) 18 Sec. 13a. Affirmative action. The Department shall, 19 within 90 days after the effective date of this amendatory 20 Act of 1984, establish and maintain an affirmative action 21 program designed to promote equal employment opportunity and 22 eliminate the effects of past discrimination. Such program 23 shall include a plan which shall specify goals and methods 24 for increasing participation by women and minorities in 25 employment by parties which receive funds pursuant to this 26 Act. The Department shall submit a detailed plan with the 27 General Assembly prior to March 1 of each year. Such program 28 shall also establish procedures to ensure compliance with the 29 plan established pursuant to this Section and with State and 30 federal laws and regulations relating to the employment of 31 women and minorities. 32 (Source: P.A. 83-1129.) SB926 Enrolled -15- LRB9207856MWks 1 (20 ILCS 665/14) (from Ch. 127, par. 200-34) 2 Sec. 14. Severability. If any section, subdivision, 3 sentence or clause of this Act is for any reason held invalid 4 or unconstitutional, such decision shall not affect the 5 validity of the remaining portions of this Act. 6 (Source: Laws 1963, p. 2209.) 7 (20 ILCS 665/6 rep.) 8 Section 15. The Illinois Promotion Act is amended by 9 repealing Section 6. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.