Bill Text: IL SB3183 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. Provides that the county board of a county may borrow money for county purposes from one fund for the use of another fund, as long as it is repaid within the current fiscal year. Provides that the county board of a county may borrow money from any bank or financial institution, provided that the money shall be repaid within 10 years from the time the money is borrowed. Sets forth requirements concerning the documentation of the loan. Prohibits the indebtedness incurred, when aggregated with the existing indebtedness of the county, from exceeding the debt limitation otherwise provided for by law. Defines "financial institution". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB3183 Detail]

Download: Illinois-2011-SB3183-Amended.html

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Rep. Michael J. Madigan

Filed: 11/21/2012

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AMENDMENT TO SENATE BILL 3183
AMENDMENT NO. ______. Amend Senate Bill 3183 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing
Section 5-1030 and adding Section 5-1134 as follows:
(55 ILCS 5/5-1030) (from Ch. 34, par. 5-1030)
Sec. 5-1030. Hotel rooms, tax on gross rental receipts.
(a) The corporate authorities of any county may by
ordinance impose a tax upon all persons engaged in such county
in the business of renting, leasing or letting rooms in a hotel
which is not located within a city, village, or incorporated
town that imposes a tax under Section 8-3-14 of the Illinois
Municipal Code, as defined in "The Hotel Operators' Occupation
Tax Act", at a rate not to exceed 5% of the gross rental
receipts from such renting, leasing or letting, excluding,
however, from gross rental receipts, the proceeds of such

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renting, leasing or letting to permanent residents of that
hotel, and may provide for the administration and enforcement
of the tax, and for the collection thereof from the persons
subject to the tax, as the corporate authorities determine to
be necessary or practicable for the effective administration of
the tax.
(b) With the consent of municipalities representing at
least 67% of the population of Winnebago County, as determined
by the 2010 federal decennial census and as expressed by
resolution of the corporate authorities of those
municipalities, the county board of Winnebago County may, by
ordinance, impose a tax upon all persons engaged in the county
in the business of renting, leasing, or letting rooms in a
hotel that imposes a tax under Section 8-3-14 of the Illinois
Municipal Code, as defined in "The Hotel Operators' Occupation
Tax Act", at a rate not to exceed 2% of the gross rental
receipts from renting, leasing, or letting, excluding,
however, from gross rental receipts, the proceeds of the
renting, leasing, or letting to permanent residents of that
hotel, and may provide for the administration and enforcement
of the tax, and for the collection thereof from the persons
subject to the tax, as the county board determines to be
necessary or practicable for the effective administration of
the tax. The tax shall be instituted on a county-wide basis and
shall be in addition to any tax imposed by this or any other
provision of law. The revenue generated under this subsection

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shall be accounted for and segregated from all other funds of
the county and shall be utilized solely for either: (1)
encouraging, supporting, marketing, constructing, or
operating, either directly by the county or through other
taxing bodies within the county, sports, arts, or other
entertainment or tourism facilities or programs for the purpose
of promoting tourism, competitiveness, job growth, and for the
general health and well-being of the citizens of the county; or
(2) payment towards debt services on bonds issued for the
purposes set forth in this subsection.
(c) A Tourism Facility Board shall be established,
comprised of a representative from the county and a
representative from each of the municipalities that approve a
resolution pursuant to subsection (b) of this Section:
(1) A Board member's vote is weighted; the percentage
of the total revenues received by the county pursuant to
subsection (b) of this Section attributable to the
municipality or county that the Board member represents
determines the weight of that Board member's vote. For the
purpose of allocating revenues by the tax imposed under
subsection (b) of this Section to determine voting weight,
revenue generated within the corporate limits of an
incorporated or unincorporated municipality shall be
attributed solely to that incorporated or unincorporated
municipality. Representatives from the Rockford Park
District and Rockford Area Convention and Visitors Bureau

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shall serve as ex-officio members with no voting rights.
(2) The Board must meet not less frequently than once
per year to direct the use of revenues collected from the
tax imposed under subsection (b) of this Section that are
not already directed for use pursuant to an
intergovernmental agreement between the county and another
entity represented on the Board, including the ex-officio
members, and for any other reason the Board deems
necessary.
(3) The Board shall not be a separate unit of local
government, shall have no paid staff, and members of the
Board shall receive no compensation or reimbursement for
expenses.
(d) Persons subject to any tax imposed pursuant to
authority granted by this Section may reimburse themselves for
their tax liability for such tax by separately stating such tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State tax imposed under
"The Hotel Operators' Occupation Tax Act".
Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may
not be made the subject of taxation by this State.
An ordinance or resolution imposing a tax hereunder or
effecting a change in the rate thereof shall be effective on
the first day of the calendar month next following its passage

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and required publication.
The amounts collected by any county pursuant to this
Section shall be expended to promote tourism; conventions;
expositions; theatrical, sports and cultural activities within
that county or otherwise to attract nonresident overnight
visitors to the county.
Any county may agree with any unit of local government,
including any authority defined as a metropolitan exposition,
auditorium and office building authority, fair and exposition
authority, exposition and auditorium authority, or civic
center authority created pursuant to provisions of Illinois law
and the territory of which unit of local government or
authority is co-extensive with or wholly within such county, to
impose and collect for a period not to exceed 40 years, any
portion or all of the tax authorized pursuant to this Section
and to transmit such tax so collected to such unit of local
government or authority. The amount so paid shall be expended
by any such unit of local government or authority for the
purposes for which such tax is authorized. Any such agreement
must be authorized by resolution or ordinance, as the case may
be, of such county and unit of local government or authority,
and such agreement may provide for the irrevocable imposition
and collection of said tax at such rate, or amount as limited
by a given rate, as may be agreed upon for the full period of
time set forth in such agreement; and such agreement may
further provide for any other terms as deemed necessary or

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advisable by such county and such unit of local government or
authority. Any such agreement shall be binding and enforceable
by either party to such agreement. Such agreement entered into
pursuant to this Section shall not in any event constitute an
indebtedness of such county subject to any limitation imposed
by statute or otherwise.
(Source: P.A. 86-962.)
(55 ILCS 5/5-1134 new)
Sec. 5-1134. Project labor agreements.
(a) Any sports, arts, or entertainment facilities that
receive revenue from a tax imposed under subsection (b) of
Section 5-1030 of this Code shall be considered to be public
works within the meaning of the Prevailing Wage Act. 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 as defined in the National
Labor Relations Act to assure that no labor dispute interrupts
or interferes with the construction, renovation, modification,
or alteration of the projects.
(b) The project labor agreements must include the
following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employees;
(2) provisions establishing the benefits and other

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compensation for such class of labor organization; and
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees.
The county, taxing bodies, municipalities, and the labor
organizations shall have the authority to include other terms
and conditions as they deem necessary.
(c) The project labor agreement shall be filed with the
Director of the Illinois Department of Labor in accordance with
procedures established by the Department. At a minimum, the
project labor agreement must provide the names, addresses, and
occupations of the owner of the facilities and the individuals
representing the labor organization employees participating in
the project labor agreement. The agreement must also specify
the terms and conditions required in subsection (b) of this
Section.
(d) In any agreement for the construction or rehabilitation
of a facility using revenue generated under subsection (b) of
Section 5-1030 of this Code, in connection with the
prequalification of general contractors for construction or
rehabilitation of the facility, it shall be required that a
commitment will be submitted detailing how the general
contractor will expend 15% or more of the aggregate dollar
value of the project as a whole with one or more minority owned
businesses, female-owned businesses, or businesses owned by a
person with a disability, as these terms are defined in Section
2 of the Business Enterprise for Minorities, Females, and

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Persons with Disabilities Act. ".