Bill Text: IL SB1859 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Authorizes Winnebago County by ordinance to impose, with the consent of the municipalities representing 67% of the population of Winnebago County, a hotel operators' occupation tax at a rate not to exceed 2% of the gross rental receipts from the renting, leasing, or letting. Sets forth requirements concerning the use of any revenues from the tax proceeds. Creates a Tourism Facility Board with weighted voting rights; requires the Board to meet not less than once per year to direct the use of revenues from the tax. Provides that any sports, arts, or entertainment facilities that receive revenue from certain taxes shall be considered to be public works within the meaning of the Prevailing Wage Act, and the county authorities responsible for the construction, renovation, modification, or alteration of the sports, arts, or entertainment facilities shall enter into project labor agreements with labor organizations. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0313 [SB1859 Detail]
Download: Illinois-2013-SB1859-Introduced.html
Bill Title: Amends the Counties Code. Authorizes Winnebago County by ordinance to impose, with the consent of the municipalities representing 67% of the population of Winnebago County, a hotel operators' occupation tax at a rate not to exceed 2% of the gross rental receipts from the renting, leasing, or letting. Sets forth requirements concerning the use of any revenues from the tax proceeds. Creates a Tourism Facility Board with weighted voting rights; requires the Board to meet not less than once per year to direct the use of revenues from the tax. Provides that any sports, arts, or entertainment facilities that receive revenue from certain taxes shall be considered to be public works within the meaning of the Prevailing Wage Act, and the county authorities responsible for the construction, renovation, modification, or alteration of the sports, arts, or entertainment facilities shall enter into project labor agreements with labor organizations. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0313 [SB1859 Detail]
Download: Illinois-2013-SB1859-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||||||||||||||||||||||
5 | 5-1030 and adding Section 5-1134 as follows:
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6 | (55 ILCS 5/5-1030) (from Ch. 34, par. 5-1030)
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7 | Sec. 5-1030. Hotel rooms, tax on gross rental receipts. | ||||||||||||||||||||||||||
8 | (a) The
corporate authorities of any county may by
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9 | ordinance impose a tax upon all persons engaged in such county | ||||||||||||||||||||||||||
10 | in the
business of renting, leasing or letting rooms in a hotel | ||||||||||||||||||||||||||
11 | which is not
located within a city, village, or incorporated | ||||||||||||||||||||||||||
12 | town that imposes a tax
under Section 8-3-14 of the Illinois | ||||||||||||||||||||||||||
13 | Municipal Code, as defined in "The
Hotel Operators' Occupation | ||||||||||||||||||||||||||
14 | Tax Act", at a rate not to exceed 5% of the
gross rental | ||||||||||||||||||||||||||
15 | receipts from such renting, leasing or letting, excluding,
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16 | however, from gross rental receipts, the proceeds of such | ||||||||||||||||||||||||||
17 | renting,
leasing or letting to permanent residents of that | ||||||||||||||||||||||||||
18 | hotel, and may provide
for the administration and enforcement | ||||||||||||||||||||||||||
19 | of the tax, and for the
collection thereof from the persons | ||||||||||||||||||||||||||
20 | subject to the tax, as the corporate
authorities determine to | ||||||||||||||||||||||||||
21 | be necessary or practicable for the effective
administration of | ||||||||||||||||||||||||||
22 | the tax.
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23 | (b) With the consent of municipalities representing at |
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1 | least 67% of the population of Winnebago County, as determined | ||||||
2 | by the 2010 federal decennial census and as expressed by | ||||||
3 | resolution of the corporate authorities of those | ||||||
4 | municipalities, the county board of Winnebago County may, by | ||||||
5 | ordinance, impose a tax upon all persons engaged in the county | ||||||
6 | in the business of renting, leasing, or letting rooms in a | ||||||
7 | hotel that imposes a tax under Section 8-3-14 of the Illinois | ||||||
8 | Municipal Code, as defined in "The Hotel Operators' Occupation | ||||||
9 | Tax Act", at a rate not to exceed 2% of the gross rental | ||||||
10 | receipts from renting, leasing, or letting, excluding, | ||||||
11 | however, from gross rental receipts, the proceeds of the | ||||||
12 | renting, leasing, or letting to permanent residents of that | ||||||
13 | hotel, and may provide for the administration and enforcement | ||||||
14 | of the tax, and for the collection thereof from the persons | ||||||
15 | subject to the tax, as the county board determines to be | ||||||
16 | necessary or practicable for the effective administration of | ||||||
17 | the tax. The tax shall be instituted on a county-wide basis and | ||||||
18 | shall be in addition to any tax imposed by this or any other | ||||||
19 | provision of law. The revenue generated under this subsection | ||||||
20 | shall be accounted for and segregated from all other funds of | ||||||
21 | the county and shall be utilized solely for either: (1) | ||||||
22 | encouraging, supporting, marketing, constructing, or | ||||||
23 | operating, either directly by the county or through other | ||||||
24 | taxing bodies within the county, sports, arts, or other | ||||||
25 | entertainment or tourism facilities or programs for the purpose | ||||||
26 | of promoting tourism, competitiveness, job growth, and for the |
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1 | general health and well-being of the citizens of the county; or | ||||||
2 | (2) payment towards debt services on bonds issued for the | ||||||
3 | purposes set forth in this subsection. | ||||||
4 | (c) A Tourism Facility Board shall be established, | ||||||
5 | comprised of a representative from the county and from each | ||||||
6 | municipality that has approved the imposition of the tax under | ||||||
7 | subsection (b) of this Section. | ||||||
8 | (1) A Board member's vote is weighted based on the | ||||||
9 | municipality's population relative to the population of | ||||||
10 | the county, with the county representing the population | ||||||
11 | within unincorporated areas of the county. Representatives | ||||||
12 | from the Rockford Park District and Rockford Area | ||||||
13 | Convention and Visitors Bureau shall serve as ex-officio | ||||||
14 | members with no voting rights. | ||||||
15 | (2) The Board must meet not less frequently than once | ||||||
16 | per year to direct the use of revenues collected from the | ||||||
17 | tax imposed under subsection (b) of this Section that are | ||||||
18 | not already directed for use pursuant to an | ||||||
19 | intergovernmental agreement between the county and another | ||||||
20 | entity represented on the Board, including the ex-officio | ||||||
21 | members, and for any other reason the Board deems | ||||||
22 | necessary. Affirmative actions of the Board shall require a | ||||||
23 | weighted vote of Board members representing not less than | ||||||
24 | 67% of the population of the county. | ||||||
25 | (3) The Board shall not be a separate unit of local | ||||||
26 | government, shall have no paid staff, and members of the |
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1 | Board shall receive no compensation or reimbursement of | ||||||
2 | expenses from proceeds of the tax imposed under subsection | ||||||
3 | (b) of this Section. | ||||||
4 | (d) Persons subject to any tax imposed pursuant to | ||||||
5 | authority granted by
this Section may reimburse themselves for | ||||||
6 | their tax liability for such
tax by separately stating such tax | ||||||
7 | as an additional charge, which charge
may be stated in | ||||||
8 | combination, in a single amount, with State tax imposed
under | ||||||
9 | "The Hotel Operators' Occupation Tax Act".
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10 | Nothing in this Section shall be construed to authorize a | ||||||
11 | county to
impose a tax upon the privilege of engaging in any | ||||||
12 | business which under
the Constitution of the United States may | ||||||
13 | not be made the subject of
taxation by this State.
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14 | An ordinance or resolution imposing a tax hereunder or | ||||||
15 | effecting a
change in the rate thereof shall be effective on | ||||||
16 | the first day of the
calendar month next following its passage | ||||||
17 | and required publication.
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18 | The amounts collected by any county pursuant to this | ||||||
19 | Section shall be
expended to promote tourism; conventions; | ||||||
20 | expositions; theatrical,
sports and cultural activities within | ||||||
21 | that county or otherwise to attract
nonresident overnight | ||||||
22 | visitors to the county.
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23 | Any county may agree with any unit of local government, | ||||||
24 | including any
authority defined as a metropolitan exposition, | ||||||
25 | auditorium and office
building authority, fair and exposition | ||||||
26 | authority, exposition and
auditorium authority, or civic |
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1 | center authority created pursuant to
provisions of Illinois law | ||||||
2 | and the territory of which unit of local
government or | ||||||
3 | authority is co-extensive with or wholly within such
county, to | ||||||
4 | impose and collect for a period not to exceed 40 years, any
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5 | portion or all of the tax authorized pursuant to this Section | ||||||
6 | and to
transmit such tax so collected to such unit of local | ||||||
7 | government or
authority. The amount so paid shall be expended | ||||||
8 | by any such unit of
local government or authority for the | ||||||
9 | purposes for which such tax is
authorized. Any such agreement | ||||||
10 | must be authorized by resolution or
ordinance, as the case may | ||||||
11 | be, of such county and unit of local
government or authority, | ||||||
12 | and such agreement may provide for the
irrevocable imposition | ||||||
13 | and collection of said tax at such rate, or
amount as limited | ||||||
14 | by a given rate, as may be agreed upon for the full
period of | ||||||
15 | time set forth in such agreement; and such agreement may
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16 | further provide for any other terms as deemed necessary or | ||||||
17 | advisable by
such county and such unit of local government or | ||||||
18 | authority. Any such
agreement shall be binding and enforceable | ||||||
19 | by either party to such
agreement. Such agreement entered into | ||||||
20 | pursuant to this Section shall
not in any event constitute an | ||||||
21 | indebtedness of such county subject to
any limitation imposed | ||||||
22 | by statute or otherwise.
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23 | (Source: P.A. 86-962.)
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24 | (55 ILCS 5/5-1134 new) | ||||||
25 | Sec. 5-1134. Project labor agreements. |
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1 | (a) Any sports, arts, or entertainment facilities that | ||||||
2 | receive revenue from a tax imposed under subsection (b) of | ||||||
3 | Section 5-1030 of this Code shall be considered to be public | ||||||
4 | works within the meaning of the Prevailing Wage Act. The county | ||||||
5 | authorities responsible for the construction, renovation, | ||||||
6 | modification, or alteration of the sports, arts, or | ||||||
7 | entertainment facilities shall enter into project labor | ||||||
8 | agreements with labor organizations as defined in the National | ||||||
9 | Labor Relations Act to assure that no labor dispute interrupts | ||||||
10 | or interferes with the construction, renovation, modification, | ||||||
11 | or alteration of the projects. | ||||||
12 | (b) The project labor agreements must include the | ||||||
13 | following: | ||||||
14 | (1) provisions establishing the minimum hourly wage | ||||||
15 | for each class of labor organization employees; | ||||||
16 | (2) provisions establishing the benefits and other | ||||||
17 | compensation for such class of labor organization; and | ||||||
18 | (3) provisions establishing that no strike or disputes | ||||||
19 | will be engaged in by the labor organization employees. | ||||||
20 | The county, taxing bodies, municipalities, and the labor | ||||||
21 | organizations shall have the authority to include other terms | ||||||
22 | and conditions as they deem necessary. | ||||||
23 | (c) The project labor agreement shall be filed with the | ||||||
24 | Director of the Illinois Department of Labor in accordance with | ||||||
25 | procedures established by the Department. At a minimum, the | ||||||
26 | project labor agreement must provide the names, addresses, and |
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1 | occupations of the owner of the facilities and the individuals | ||||||
2 | representing the labor organization employees participating in | ||||||
3 | the project labor agreement. The agreement must also specify | ||||||
4 | the terms and conditions required in subsection (b) of this | ||||||
5 | Section. | ||||||
6 | (d) In any agreement for the construction or rehabilitation | ||||||
7 | of a facility using revenue generated under subsection (b) of | ||||||
8 | Section 5-1030 of this Code, in connection with the | ||||||
9 | prequalification of general contractors for construction or | ||||||
10 | rehabilitation of the facility, it shall be required that a | ||||||
11 | commitment will be submitted detailing how the general | ||||||
12 | contractor will expend 15% or more of the aggregate dollar | ||||||
13 | value of the project as a whole with one or more minority owned | ||||||
14 | businesses, female-owned businesses, or businesses owned by a | ||||||
15 | person with a disability, as these terms are defined in Section | ||||||
16 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
17 | Persons with Disabilities Act.
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