State of Illinois
90th General Assembly
Legislation

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90_SB0576

      30 ILCS 105/5.449 new
      30 ILCS 105/6z-42 new
      30 ILCS 115/12            from Ch. 85, par. 616
      30 ILCS 330/2             from Ch. 127, par. 652
      30 ILCS 330/5a new
      30 ILCS 330/12            from Ch. 127, par. 662
          Amends the State Finance Act and  the  Telecommunications
      Excise  Tax  Act.   Provides  that  the Department of Revenue
      shall transfer the first $3,000,000 realized each  month,  or
      as much of that amount as possible if less than $3,000,000 is
      realized,  from  the  tax  imposed  by the Telecommunications
      Excise Tax Act into the General Revenue Fund for  payment  of
      principal, interest, and premiums, if any, on bonds issued to
      finance  improved  telecommunications  facilities in schools.
      Amends  the  General  Obligation   Bond   Act   to   increase
      authorization  of  bonds  by  $450,000,000.    Authorizes the
      issuance  of  $450,000,000  for  use  in   constructing   and
      improving school telecommunications facilities. Provides that
      the  proceeds  from  these  bonds shall be deposited into the
      School Technology Fund.  Provides  that  the  moneys  in  the
      School  Technology  Fund  shall, subject to appropriation, be
      distributed as grants to school districts for the purchase of
      computers, on-line computer services,  or  telecommunications
      equipment.
                                                    LRB9002103KDksA
                                              LRB9002103KDksA
 1        AN ACT concerning taxes, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Sections 5.449 and 6z-42 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec. 5.449.  The School Technology Fund.
 8        (30 ILCS 105/6z-42 new)
 9        Sec.  6z-42.  The  School  Technology  Fund.   The School
10    Technology Fund is created as a special  fund  in  the  State
11    treasury.  All moneys paid into the Fund from the proceeds of
12    the  sale  of  bonds  authorized by Section 5a of the General
13    Obligation Bond  Act  shall,  subject  to  appropriation,  be
14    distributed  by  the  State  Board  of Education as grants to
15    school districts  for  the  purchase  of  computers,  on-line
16    computer  services,  or  telecommunications  equipment.   The
17    State  Board  of  Education  shall  promulgate  rules for the
18    distribution of moneys in the Fund.
19        Section 10. The General Obligation Bond Act is amended by
20    changing Sections 2 and 12 and adding Section 5a as follows:
21        (30 ILCS 330/2) (from Ch. 127, par. 652)
22        Sec. 2. Authorization for Bonds.  The State  of  Illinois
23    is  authorized  to issue, sell and provide for the retirement
24    of General Obligation Bonds of the State of Illinois  in  the
25    total  amount  of $8,596,008,392 $8,146,008,392 herein called
26    "Bonds".
27        Of the total amount of  bonds  authorized  above,  up  to
28    $1,700,000,000  in aggregate original principal amount may be
                            -2-               LRB9002103KDksA
 1    issued and sold in accordance with the Baccalaureate  Savings
 2    Act in the form of General Obligation College Savings Bonds.
 3        Of  the  total  amount  of  bonds authorized above, up to
 4    $300,000,000 in aggregate original principal  amount  may  be
 5    issued and sold in accordance with the Retirement Savings Act
 6    in the form of General Obligation Retirement Savings Bonds.
 7        The  issuance  and  sale of Bonds pursuant to the General
 8    Obligation Bond Act is an economical and efficient method  of
 9    financing  the  capital  needs  of  the State.  This Act will
10    permit the issuance of  a  multi-purpose  General  Obligation
11    Bond  with  uniform  terms  and features.  This will not only
12    lower the cost of registration but also  reduce  the  overall
13    cost  of  issuing  debt  by  improving  the  marketability of
14    Illinois General Obligation Bonds.
15        Bonds shall be issued for  the  categories  and  specific
16    purposes  expressed in Sections 2 through 8 and Section 16 of
17    this Act.
18    (Source: P.A. 87-144; 87-173; 87-836; 87-873; 88-93;  88-472;
19    88-552, eff. 7-14-94; 88-670, eff. 12-2-94.)
20        (30 ILCS 330/5a new)
21        Sec.   5a.  School  technology  grants.   The  amount  of
22    $450,000,000 is authorized to make  grants  to  local  school
23    districts  for  the purposes provided in Section 6z-42 of the
24    State Finance Act.
25        (30 ILCS 330/12) (from Ch. 127, par. 662)
26        Sec. 12.  Allocation of Proceeds from Sale of Bonds.  (a)
27    Proceeds  from  the sale of Bonds, authorized by Section 3 of
28    this Act, shall be deposited in the separate  fund  known  as
29    the Capital Development Fund.
30        (b)  Proceeds  from  the  sale  of  Bonds,  authorized by
31    paragraph (a) of Section 4 of this Act, shall be deposited in
32    the separate fund known as the Transportation Bond, Series  A
                            -3-               LRB9002103KDksA
 1    Fund.
 2        (c)  Proceeds  from  the  sale  of  Bonds,  authorized by
 3    paragraphs (b) and (c) of Section 4 of  this  Act,  shall  be
 4    deposited  in  the  separate fund known as the Transportation
 5    Bond, Series B Fund.
 6        (d)  Proceeds from  the  sale  of  Bonds,  authorized  by
 7    Section  5  of  this  Act, shall be deposited in the separate
 8    fund known as the School Construction Fund.
 9        (d-5)  Proceeds from the sale  of  Bonds,  authorized  by
10    Section  5a  of  this Act, shall be deposited in the separate
11    fund known as the School Technology Fund.
12        (e)  Proceeds from  the  sale  of  Bonds,  authorized  by
13    Section  6  of  this  Act, shall be deposited in the separate
14    fund known as the Anti-Pollution Fund.
15        (f)  Proceeds from  the  sale  of  Bonds,  authorized  by
16    Section  7  of  this  Act, shall be deposited in the separate
17    fund known as the Coal Development Fund.
18        (g)  Proceeds from  the  sale  of  Bonds,  authorized  by
19    Section  8  of  this  Act,  shall be deposited in the Capital
20    Development Fund.
21        (h)  Subsequent to the issuance  of  any  Bonds  for  the
22    purposes  described  in Sections 2 through 8 of this Act, the
23    Governor and the Director of the Bureau  of  the  Budget  may
24    provide  for  the  reallocation  of  unspent proceeds of such
25    Bonds to any other purposes authorized under said Sections of
26    this Act, subject to the limitations on  aggregate  principal
27    amounts  contained therein.  Upon any such reallocation, such
28    unspent  proceeds  shall  be  transferred  to the appropriate
29    funds as determined by reference to  paragraphs  (a)  through
30    (g) of this Section.
31    (Source: P.A. 86-453; 86-1017.)
32        Section  15.   The  Telecommunications  Excise Tax Act is
33    amended by changing Section 6 as follows:
                            -4-               LRB9002103KDksA
 1        (35 ILCS 630/6) (from Ch. 120, par. 2006)
 2        Sec. 6.  Except as provided hereinafter in this  Section,
 3    on  or  before  the  15th  day  of  each  month each retailer
 4    maintaining a place of business in this State  shall  make  a
 5    return  to  the  Department for the preceding calendar month,
 6    stating:
 7        1.  His name;
 8        2.  The address of his principal place of  business,  and
 9    the  address of the principal place of business (if that is a
10    different address) from which he engages in the  business  of
11    transmitting telecommunications;
12        3.   Total  amount  of gross charges billed by him during
13    the preceding calendar month for providing telecommunications
14    during such calendar month;
15        4.  Total amount received by  him  during  the  preceding
16    calendar month on credit extended;
17        5.  Deductions allowed by law;
18        6.  Gross  charges  which  were  billed by him during the
19    preceding calendar month and upon the basis of which the  tax
20    is imposed;
21        7.  Amount of tax (computed upon Item 6);
22        8.  Such  other  reasonable information as the Department
23    may require.
24        If the retailer's average monthly tax billings due to the
25    Department do not exceed $100, the Department  may  authorize
26    his  returns  to be filed on a quarter annual basis, with the
27    return for January, February and March of a given year  being
28    due  by April 15 of such year; with the return for April, May
29    and June of a given year being due by July 15 of  such  year;
30    with  the  return  for  July, August and September of a given
31    year being due by October 15  of  such  year;  and  with  the
32    return  of  October,  November  and  December of a given year
33    being due by January 15 of the following year.
34        Notwithstanding  any  other  provision  of  this  Article
                            -5-               LRB9002103KDksA
 1    containing the time within which  a  retailer  may  file  his
 2    return, in the case of any retailer who ceases to engage in a
 3    kind  of  business  which  makes  him  responsible for filing
 4    returns under this Article, such retailer shall file a  final
 5    return  under  this Article with the Department not more than
 6    one month after discontinuing such business.
 7        In making such return, the retailer shall  determine  the
 8    value  of  any consideration other than money received by him
 9    and  he  shall  include  such  value  in  his  return.   Such
10    determination shall be subject to review and revision by  the
11    Department   in  the  manner  hereinafter  provided  for  the
12    correction of returns.
13        Each retailer whose  average  monthly  liability  to  the
14    Department  under this Article was $10,000 or more during the
15    preceding calendar  year,  excluding  the  month  of  highest
16    liability  and the month of lowest liability in such calendar
17    year, and who is not operated by a unit of local  government,
18    shall  make estimated payments to the Department on or before
19    the 7th, 15th, 22nd and last day of the  month  during  which
20    tax  collection liability to the Department is incurred in an
21    amount not less  than  the  lower  of  either  22.5%  of  the
22    retailer's actual tax collections for the month or 25% of the
23    retailer's actual tax collections for the same calendar month
24    of  the  preceding  year.  The amount of such quarter monthly
25    payments shall be credited against the final liability of the
26    retailer's return for that month.   Any  outstanding  credit,
27    approved  by  the  Department,  arising  from  the retailer's
28    overpayment of its final  liability  for  any  month  may  be
29    applied  to  reduce  the  amount  of  any  subsequent quarter
30    monthly payment or credited against the  final  liability  of
31    the  retailer's  return  for  any  subsequent  month.  If any
32    quarter monthly payment is not paid at the  time  or  in  the
33    amount required by this Section, the retailer shall be liable
34    for  penalty  and  interest  on  the  difference  between the
                            -6-               LRB9002103KDksA
 1    minimum amount due as  a  payment  and  the  amount  of  such
 2    payment  actually  and  timely  paid,  except  insofar as the
 3    retailer has previously made payments for that month  to  the
 4    Department in excess of the minimum payments previously due.
 5        If  the  Director finds that the information required for
 6    the  making  of  an  accurate  return  cannot  reasonably  be
 7    compiled by a retailer within 15 days after the close of  the
 8    calendar month for which a return is to be made, he may grant
 9    an  extension  of  time  for  the filing of such return for a
10    period of not to exceed 31 calendar days.   The  granting  of
11    such  an extension may be conditioned upon the deposit by the
12    retailer with the  Department  of  an  amount  of  money  not
13    exceeding the amount estimated by the Director to be due with
14    the  return  so  extended.   All such deposits, including any
15    heretofore  made  with  the  Department,  shall  be  credited
16    against the retailer's liabilities under  this  Article.   If
17    any  such deposit exceeds the retailer's present and probable
18    future liabilities under this Article, the  Department  shall
19    issue  to  the  retailer  a  credit  memorandum, which may be
20    assigned by the retailer to a  similar  retailer  under  this
21    Article,  in accordance with reasonable rules and regulations
22    to be prescribed by the Department.
23        The retailer making the return herein provided for shall,
24    at the time of making such return, pay to the Department  the
25    amount of tax herein imposed. On and after the effective date
26    of this Article of 1985, $1,000,000 of the moneys received by
27    the  Department  of Revenue pursuant to this Article shall be
28    paid each month into the Common School Fund and the remainder
29    into the General Revenue Fund. Beginning January 1, 1998, the
30    Department shall transfer the first $3,000,000 realized  each
31    month,  or  as  much  of that amount as possible if less than
32    $3,000,000 is realized, from the  taxes  imposed  under  this
33    Article   into  the  General  Revenue  Fund  for  payment  of
34    principal of, interest on, and  premium,  if  any,  on  Bonds
                            -7-               LRB9002103KDksA
 1    issued  under  Section 5a of the General Obligation Bond Act.
 2    Allocations made under this paragraph shall continue only  as
 3    long  as  and  to  the  extent  that  payments  of principal,
 4    interest, and premiums are required  on  Bonds  issued  under
 5    Section 5a of the General Obligation Bond Act.
 6    (Source: P.A. 84-126.)

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