Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 665/ - Illinois Promotion Act.

(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: P.A. 92-38, eff. 6-28-01.)
 
(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
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, 8a, and 8b of this Act, for
purposes of promoting, developing, and expanding tourism destinations,
tourism attractions, and tourism events.

(Source: P.A. 99-476, eff. 8-27-15.)
 
(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 Economic Opportunity 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.
(f) "Municipal amateur sports facility" means a sports facility that: (1) is owned by a unit of local government; (2) has contiguous indoor sports competition space; (3) is designed to principally accommodate and host amateur competitions for youths, adults, or both; and (4) is not used for professional sporting events where participants are compensated for their participation.
(g) "Municipal convention center" means a convention center or civic center owned by a unit of local government or operated by a convention center authority, or a municipal convention hall as defined in paragraph (1) of Section 11-65-1 of the Illinois Municipal Code, with contiguous exhibition space ranging between 30,000 and 125,000 square feet.
(h) "Convention center authority" means an Authority, as defined by the Civic Center Code, that operates a municipal convention center with contiguous exhibition space ranging between 30,000 and 125,000 square feet.
(i) "Incentive" means: (1) a financial incentive provided by a unit of local government or convention center authority to attract a convention, meeting, or trade show held at a municipal convention center that, but for the incentive, would not have occurred in the State or been retained in the State; or (2) a financial incentive provided by a unit of local government for attracting a sporting event held at its municipal amateur sports facility that, but for the incentive, would not have occurred in the State or been retained in the State; but (3) only a financial incentive offered or provided to a person or entity in the form of financial benefits or costs which are allowable costs pursuant to the Grant Accountability and Transparency Act.
(j) "Unit of local government" has the meaning provided in Section 1 of Article VII of the Illinois Constitution.
(k) "Local parks" means any park, recreation area, or other similar facility owned or operated by a unit of local government.
(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
 
(20 ILCS 665/4) (from Ch. 127, par. 200-24)
Sec. 4. Powers. The Department shall have the following powers:
(Source: P.A. 102-287, eff. 8-6-21.)
 
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) 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; except that during fiscal year 2013, the Department shall reserve $9,800,000 of the total funds available for appropriation in the Tourism Promotion Fund for appropriation to the Historic Preservation Agency for the operation of the Abraham Lincoln Presidential Library and Museum and State historic sites; and except that beginning in fiscal year 2019, moneys in the Tourism Promotion Fund may also be allocated to the Illinois Department of Agriculture, the Illinois Department of Natural Resources, and the Abraham Lincoln Presidential Library and Museum for utilization, as appropriated, to administer their responsibilities as State agencies promoting tourism in Illinois, and for tourism-related purposes.
As soon as possible after the first day of each month, beginning July 1,
1997 and ending on the effective date of this amendatory Act of the 100th General Assembly, 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 and ending on the effective date of this amendatory Act of the 100th General Assembly, 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.
(3) Notwithstanding anything in this Section to the contrary, amounts transferred from the General Revenue Fund to the Tourism Promotion Fund pursuant to this Section shall not exceed $26,300,000 in State fiscal year 2012.
(4) As soon as possible after the first day of each month, beginning July 1, 2017 and ending June 30, 2018, if the amount of revenue deposited into the Tourism Promotion Fund under subsection (c) of Section 6 of the Hotel Operators' Occupation Tax Act is less than 21% of the net revenue realized from the Hotel Operators' Occupation Tax during the preceding month, then, upon certification of the Department of Revenue, the State Comptroller shall direct and the State Treasurer shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to the difference between 21% of the net revenue realized from the Hotel Operators' Occupation Tax during the preceding month and the amount of revenue deposited into the Tourism Promotion Fund under subsection (c) of Section 6 of the Hotel Operators' Occupation Tax Act.
(5) As soon as possible after the first day of each month, beginning July 1, 2018, if the amount of revenue deposited into the Tourism Promotion Fund under Section 6 of the Hotel Operators' Occupation Tax Act is less than 21% of the net revenue realized from the Hotel Operators' Occupation Tax during the preceding month, then, upon certification of the Department of Revenue, the State Comptroller shall direct and the State Treasurer shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to the difference between 21% of the net revenue realized from the Hotel Operators' Occupation Tax during the preceding month and the amount of revenue deposited into the Tourism Promotion Fund under Section 6 of the Hotel Operators' Occupation Tax Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
(20 ILCS 665/4b)
Sec. 4b. Coordinating Committee. There is created a Coordinating
Committee of State agencies involved with tourism in the State of Illinois.
The Committee shall consist of the Director of Commerce and
Economic Opportunity as chairman, the Lieutenant Governor, the Secretary of
Transportation or his or her designee, and the head executive officer
or his or her designee of the following:
the Lincoln Presidential Library; the
Department of Natural Resources; the
Department of
Agriculture; the Illinois Arts Council; the Illinois Community College Board;
and the Board of
Higher Education. The Committee
shall
also include 4 members of the Illinois General Assembly, one of whom shall be
named
by the Speaker of the House of Representatives, one of whom shall be named by
the Minority Leader of the House of Representatives, one of whom who shall be
named by the President of the Senate, and one of whom shall be named by the
Minority
Leader of the Senate. The Committee shall meet at least quarterly and at other
times as called by the chair. The Committee shall coordinate the promotion and
development of tourism activities throughout State government.

(Source: P.A. 102-278, eff. 8-6-21.)
 
(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
the Tourism
Promotion Fund
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.
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
the Tourism Promotion Fund 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, local
promotion group, or for-profit business must make application to the
Department for such grant, setting forth the studies, surveys and
investigations proposed to be made and other 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.

(Source: P.A. 100-23, eff. 7-6-17.)
 
(20 ILCS 665/6) (from Ch. 127, par. 200-26)
Sec. 6.
(Repealed).

(Source: P.A. 90-26, eff. 7-1-97. Repealed by P.A. 92-38, eff. 6-28-01.)
 
(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 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: P.A. 92-38, eff. 6-28-01.)
 
(20 ILCS 665/8) (from Ch. 127, par. 200-28)
Sec. 8. Allocation of appropriations.
(1) Amounts that are
appropriated from the Tourism Promotion Fund to the
Department for the purpose of making grants under Sections 5 and 6 of this Act
shall be allocated by the Department as follows:
However, if sufficient local funds cannot be raised to match the
allocation made under either paragraph (a) or (b) of this subsection, such
appropriations may be reallocated, in whole or in part, to any applicant or
applicants able to qualify for a grant or may be used by the Department to
promote the tourist attractions of the State of Illinois as a whole.
(2) Amounts
that are
appropriated from the Tourism Promotion Fund to the Department for the purpose
of making grants under Sections 5 and 6 of this Act to match funds from the
private sector may be used by the
Department in any county of this State.

(Source: P.A. 100-23, eff. 7-6-17.)
 
(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
Sec. 8a. Tourism grants and loans.
(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,
to counties, municipalities, other units of local government, local promotion groups, not-for-profit
organizations, or
for-profit businesses for the development or improvement of tourism
attractions in Illinois. Individual 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) From appropriations to the Department from the State CURE fund for this purpose, the Department shall establish Tourism Attraction grants for purposes outlined in subsection (1). Grants under this subsection shall not exceed $1,000,000 but may exceed 50% of the entire amount of the actual expenditure for the development or improvement of a tourist attraction, including, but not limited to, festivals. Expenditures of such funds shall be in accordance with the permitted purposes under Section 9901 of the American Rescue Plan Act of 2021 and all related federal guidance.

(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; 102-813, eff. 5-13-22.)
 
(20 ILCS 665/8b)
Sec. 8b. Municipal convention center and sports facility attraction grants.
(a) Until July 1, 2022, the Department is authorized to make grants, subject to appropriation by the General Assembly, from the Tourism Promotion Fund to a unit of local government or convention center authority that provides incentives, as defined in subsection (i) of Section 3 of this Act, for the purpose of attracting conventions, meetings, and trade shows to municipal convention centers or attracting sporting events to municipal amateur sports facilities. Grants awarded under this Section shall be based on the net proceeds received under the Hotel Operators' Occupation Tax Act for the renting, leasing, or letting of hotel rooms in the municipality in which the municipal convention center or municipal amateur sports facility is located for the month in which the convention, meeting, trade show, or sporting event occurs. Grants shall not exceed 80% of the incentive amount provided by the unit of local government or convention center authority. Further, in no event may the aggregate amount of grants awarded with respect to a single municipal convention center or municipal amateur sports facility exceed $200,000 in any calendar year. The Department may, by rule, require any other provisions it deems necessary in order to protect the State's interest in administering this program.
(b) No later than May 15 of each year, through May 15, 2022, the unit of local government or convention center authority shall certify to the Department the amounts of funds expended in the previous calendar year to provide qualified incentives; however, in no event may the certified amount pursuant to this paragraph exceed $200,000 with respect to any municipal convention center or municipal amateur sports facility in any calendar year. The unit of local government or convention center authority shall certify (A) the net proceeds received under the Hotel Operators' Occupation Tax Act for the renting, leasing, or letting of hotel rooms in the municipality for the month in which the convention, meeting, or trade show occurs and (B) the average of the net proceeds received under the Hotel Operators' Occupation Tax Act for the renting, leasing, or letting of hotel rooms in the municipality for the same month in the 3 immediately preceding years. The unit of local government or convention center authority shall include the incentive amounts as part of its regular audit.
(b-5) Grants awarded to a unit of local government or convention center authority may be made by the Department of Commerce and Economic Opportunity from appropriations for those purposes for any fiscal year, without regard to the fact that the qualification or obligation may have occurred in a prior fiscal year.
(c) The Department shall submit a report, which must be provided electronically, on the effectiveness of the program established under this Section to the General Assembly no later than January 1, 2022.

(Source: P.A. 100-643, eff. 7-27-18; 101-10, eff. 6-5-19.)
 
(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 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: P.A. 92-38, eff. 6-28-01.)
 
(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. 92-38, eff. 6-28-01.)
 
(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: P.A. 92-38, eff. 6-28-01.)
 
(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, other units of local government,
and local promotion groups in promotional activities and programs.

(Source: P.A. 102-287, eff. 8-6-21.)
 
(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. 92-38, eff. 6-28-01.)
 
(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: P.A. 92-38, eff. 6-28-01.)

Structure Illinois Compiled Statutes