[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Conference Committee Report 001 ] |
91_SB1066enr SB1066 Enrolled LRB9102101PTpk 1 AN ACT in relation to financing public infrastructure 2 improvements, amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Finance Act is amended by adding 6 Sections 5.490 and 6z-47 and changing Section 6z-45 as 7 follows: 8 (30 ILCS 105/5.490 new) 9 Sec. 5.490. The Fund for Illinois' Future. 10 (30 ILCS 105/6z-45) 11 Sec. 6z-45. The School Infrastructure Fund. 12 (a) The School Infrastructure Fund is created as a 13 special fund in the State Treasury. 14 In addition to any other deposits authorized by law, 15 beginning January 1, 2000, on the first day of each month, or 16 as soon thereafter as may be practical, the State Treasurer 17 and State Comptroller shall transfer the sum of $5,000,000 18 from the General Revenue Fund to the School Infrastructure 19 Fund. 20 (b) Subject to the transfer provisions set forth below, 21 money in the School Infrastructure Fund shall, if and when 22 the State of Illinois incurs any bonded indebtedness for the 23 construction of school improvements under the School 24 Construction LawAct, be set aside and used for the purpose 25 of paying and discharging annually the principal and interest 26 on that bonded indebtedness then due and payable, and for no 27 other purpose. 28 In addition to other transfers to the General Obligation 29 Bond Retirement and Interest Fund made pursuant to Section 15 30 of the General Obligation Bond Act, upon each delivery of SB1066 Enrolled -2- LRB9102101PTpk 1 bonds issued for construction of school improvements under 2 the School Construction LawAct, the State Comptroller shall 3 compute and certify to the State Treasurer the total amount 4 of principal of, interest on, and premium, if any, on such 5 bonds during the then current and each succeeding fiscal 6 year. 7 On or before the last day of each month, the State 8 Treasurer and State Comptroller shall transfer from the 9 School Infrastructure Fund to the General Obligation Bond 10 Retirement and Interest Fund an amount sufficient to pay the 11 aggregate of the principal of, interest on, and premium, if 12 any, on the bonds payable on their next payment date, divided 13 by the number of monthly transfers occurring between the last 14 previous payment date (or the delivery date if no payment 15 date has yet occurred) and the next succeeding payment date. 16 (c) The surplus, if any, in the School Infrastructure 17 Fund after the payment of principal and interest on that 18 bonded indebtedness then annually due shall, subject to 19 appropriation, be used as follows: 20 First - to make 3 payments to the School Technology 21 Revolving Loan Fund as follows: 22 Transfer of $30,000,000 in fiscal year 1999; 23 Transfer of $20,000,000 in fiscal year 2000; and 24 Transfer of $10,000,000 in fiscal year 2001. 25 Second - to pay the expenses of the State Board of 26 Education and the Capital Development Board in administering 27 programs under the School Construction LawAct, the total 28 expenses not to exceed $1,000,000 in any fiscal year. 29 Third - to pay any amounts due for grants for school 30 construction projects and debt service under the School 31 Construction LawAct. 32 Fourth - to pay any amounts due for grants for school 33 maintenance projects under the School Construction Law. 34 (Source: P.A. 90-548, eff. 1-1-98; 90-587, eff. 7-1-98.) SB1066 Enrolled -3- LRB9102101PTpk 1 (30 ILCS 105/6z-47 new) 2 Sec. 6z-47. Fund for Illinois' Future. 3 (a) The Fund for Illinois' Future is hereby created as a 4 special fund in the State Treasury. 5 (b) Upon the effective date of this amendatory Act of 6 the 91st General Assembly, or as soon as possible thereafter, 7 the Comptroller shall order transferred and the Treasurer 8 shall transfer $260,000,000 from the General Revenue Fund to 9 the Fund for Illinois' Future. 10 On July 15, 2000, or as soon as possible thereafter, the 11 Comptroller shall order transferred and the Treasurer shall 12 transfer $260,000,000 from the General Revenue Fund to the 13 Fund for Illinois' Future. 14 Revenues in the Fund for Illinois' Future shall include 15 any other funds appropriated or transferred into the Fund. 16 (c) Moneys in the Fund for Illinois' Future may be 17 appropriated for the making of grants and expenditures for 18 planning, engineering, acquisition, construction, 19 reconstruction, development, improvement, and extension of 20 public infrastructure in the State of Illinois, including 21 grants to local governments for public infrastructure, grants 22 to public elementary and secondary school districts for 23 public infrastructure, grants to universities, colleges, 24 community colleges, and non-profit corporations for public 25 infrastructure, and expenditures for public infrastructure of 26 the State and other related purposes, including but not 27 limited to expenditures for equipment, vehicles, community 28 programs, and recreational facilities. 29 Section 10. The School Construction Law is amended by 30 changing Sections 5-5, 5-25, and 5-35 and adding Section 31 5-100 as follows: 32 (105 ILCS 230/5-5) SB1066 Enrolled -4- LRB9102101PTpk 1 Sec. 5-5. Definitions. As used in this Article: 2 "Approved school construction bonds" mean bonds that were 3 approved by referendum after January 1, 1996 but prior to 4 January 1, 1998 as provided in Sections 19-2 through 19-7 of 5 the School Code to provide funds for the acquisition, 6 development, construction, reconstruction, rehabilitation, 7 improvement, architectural planning, and installation of 8 capital facilities consisting of buildings, structures, 9 durable-equipment, and land for educational purposes. 10 "Grant index" means a figure for each school district 11 equal to one minus the ratio of the district's equalized 12 assessed valuation per pupil in average daily attendance to 13 the equalized assessed valuation per pupil in average daily 14 attendance of the district located at the 90th percentile for 15 all districts of the same type. The grant index shall be no 16 less than 0.35 and no greater than 0.75 for each district; 17 provided that the grant index for districts whose equalized 18 assessed valuation per pupil in average daily attendance is 19 at the 99th percentile and above for all districts of the 20 same type shall be 0.00. 21 "School construction project" means the acquisition, 22 development, construction, reconstruction, rehabilitation, 23 improvement, architectural planning, and installation of 24 capital facilities consisting of buildings, structures, 25 durable equipment, and land for educational purposes. 26 "School maintenance project" means a project, other than 27 a school construction project, intended to provide for the 28 maintenance or upkeep of buildings or structures for 29 educational purposes, but does not include ongoing 30 operational costs. 31 (Source: P.A. 90-548, eff. 1-1-98.) 32 (105 ILCS 230/5-25) 33 Sec. 5-25. Eligibility and project standards. SB1066 Enrolled -5- LRB9102101PTpk 1 (a) The State Board of Education shall establish 2 eligibility standards for school construction project grants 3 and debt service grants. These standards shall include 4 minimum enrollment requirements for eligibility for school 5 construction project grants of 200 students for elementary 6 districts, 200 students for high school districts, and 400 7 students for unit districts. The State Board of Education 8 shall approve a district's eligibility for a school 9 construction project grant or a debt service grant pursuant 10 to the established standards. 11 (b) The Capital Development Board shall establish 12 project standards for all school construction project grants 13 provided pursuant to this Article. These standards shall 14 include space and capacity standards as well as the 15 determination of recognized project costs that shall be 16 eligible for State financial assistance and enrichment costs 17 that shall not be eligible for State financial assistance. 18 (c) The State Board of Education and the Capital 19 Development Board shall not establish standards that 20 disapprove or otherwise establish limitations that restrict 21 the eligibility of a school district with a population 22 exceeding 500,000 for a school construction project grant 23 based on the fact that any or all of the school construction 24 project grant will be used to pay debt service or to make 25 lease payments, as authorized by subsection (b) of Section 26 5-35 of this Law. 27 (Source: P.A. 90-548, eff. 1-1-98.) 28 (105 ILCS 230/5-35) 29 Sec. 5-35. School construction project grant amounts; 30 permitted use; prohibited use. 31 (a) The product of the district's grant index and the 32 recognized project cost, as determined by the Capital 33 Development Board, for an approved school construction SB1066 Enrolled -6- LRB9102101PTpk 1 project shall equal the amount of the grant the Capital 2 Development Board shall provide to the eligible district. 3 The grant index shall not be used in cases where the General 4 Assembly and the Governor approve appropriations designated 5 for specifically identified school district construction 6 projects. 7 (b) In each fiscal year in which school construction 8 project grants are awarded, 20% of the total amount awarded 9 statewide shall be awarded to a school district with a 10 population exceeding 500,000, provided such district complies 11 with the provisions of this Article. 12 In addition to the uses otherwise authorized by this Law, 13 any school district with a population exceeding 500,000 is 14 authorized to use any or all of the school construction 15 project grants (i) to pay debt service, as defined in the 16 Local Government Debt Reform Act, on bonds, as defined in the 17 Local Government Debt Reform Act, issued to finance one or 18 more school construction projects and (ii) to the extent that 19 any such bond is a lease or other installment or financing 20 contract between the school district and a public building 21 commission that has issued bonds to finance one or more 22 qualifying school construction projects, to make lease 23 payments under the lease. 24 (c) No portion of a school construction project grant 25 awarded by the Capital Development Board shall be used by a 26 school district for any on-going operational costs. 27 (Source: P.A. 90-548, eff. 1-1-98.) 28 (105 ILCS 230/5-100 new) 29 Sec. 5-100. School maintenance project grants. 30 (a) The State Board of Education is authorized to make 31 grants to school districts, without regard to enrollment, for 32 school maintenance projects. These grants shall be paid out 33 of moneys appropriated for that purpose from the School SB1066 Enrolled -7- LRB9102101PTpk 1 Infrastructure Fund. No grant under this Section for one 2 fiscal year shall exceed $50,000, but a school district may 3 receive grants for more than one project during one fiscal 4 year. A school district must provide local matching funds in 5 an amount equal to the amount of the grant under this 6 Section. A school district has no entitlement to a grant 7 under this Section. 8 (b) The State Board of Education shall adopt rules to 9 implement this Section. These rules need not be the same as 10 the rules for school construction project grants or debt 11 service grants. 12 The rules may specify: (1) the manner of applying for 13 grants; (2) project eligibility requirements; (3) 14 restrictions on the use of grant moneys; (4) the manner in 15 which school districts must account for the use of grant 16 moneys; and (5) any other provision that the State Board 17 determines to be necessary or useful for the administration 18 of this Section. 19 The rules shall specify the methods and standards to be 20 used by the State Board to prioritize applications. School 21 maintenance projects shall be prioritized in the following 22 order: 23 (i) emergency projects; 24 (ii) health/life safety projects; 25 (iii) State Program priority projects; 26 (iv) permanent improvement projects; and 27 (v) other projects. 28 (c) In each school year in which school maintenance 29 project grants are awarded, 20% of the total amount awarded 30 shall be awarded to a school district with a population of 31 more than 500,000, provided that the school district complies 32 with the requirements of this Section and the rules adopted 33 under this Section. SB1066 Enrolled -8- LRB9102101PTpk 1 Section 15. The Liquor Control Act of 1934 is amended by 2 changing Section 8-1 as follows: 3 (235 ILCS 5/8-1) (from Ch. 43, par. 158) 4 Sec. 8-1. A tax is imposed upon the privilege of 5 engaging in business as a manufacturer or as an importing 6 distributor of alcoholic liquor other than beer at the rate 7 of $0.1857¢per gallon for cider containing not less than 8 0.5% alcohol by volume nor more than 7% alcohol by volume, 9 $0.7323¢per gallon for winecontaining 14% or less of10alcohol by volumeother than cider containing less than 7% 11 alcohol by volume,60¢ per gallon for wine containing more12than 14% of alcohol by volume,and $4.50$2.00per gallon on 13 alcohol and spirits manufactured and sold or used by such 14 manufacturer, or as agent for any other person, or sold or 15 used by such importing distributor, or as agent for any other 16 person. A tax is imposed upon the privilege of engaging in 17 business as a manufacturer of beer or as an importing 18 distributor of beer at the rate of $0.1857¢per gallon on 19 all beer manufactured and sold or used by such manufacturer, 20 or as agent for any other person, or sold or used by such 21 importing distributor, or as agent for any other person. Any 22 brewer manufacturing beer in this State shall be entitled to 23 and given a credit or refund of 75% of the tax imposed on 24 each gallon of beer up to 4.9 million gallons per year in any 25 given calendar year for tax paid or payable on beer produced 26 and sold in the State of Illinois. 27 For the purpose of this Section, "cider" means any 28 alcoholic beverage obtained by the alcohol fermentation of 29 the juice of apples or pears including, but not limited to, 30 flavored, sparkling, or carbonated cider. 31 The credit or refund created by this Act shall apply to 32 all beer taxes in the calendar years 1982 through 1986. 33 The increases made by this amendatory Act of the 91st SB1066 Enrolled -9- LRB9102101PTpk 1 General Assembly in the rates of taxes imposed under this 2 Section shall apply beginning on July 1, 1999. 3 A tax at the rate of 1¢ per gallon on beer and 48¢ per 4 gallon on alcohol and spirits is also imposed upon the 5 privilege of engaging in business as a retailer or as a 6 distributor who is not also an importing distributor with 7 respect to all beer and all alcohol and spirits owned or 8 possessed by such retailer or distributor when this 9 amendatory Act of 1969 becomes effective, and with respect to 10 which the additional tax imposed by this amendatory Act upon 11 manufacturers and importing distributors does not apply. 12 Retailers and distributors who are subject to the additional 13 tax imposed by this paragraph of this Section shall be 14 required to inventory such alcoholic liquor and to pay this 15 additional tax in a manner prescribed by the Department. 16 The provisions of this Section shall be construed to 17 apply to any importing distributor engaging in business in 18 this State, whether licensed or not. 19 However, such tax is not imposed upon any such business 20 as to any alcoholic liquor shipped outside Illinois by an 21 Illinois licensed manufacturer or importing distributor, nor 22 as to any alcoholic liquor delivered in Illinois by an 23 Illinois licensed manufacturer or importing distributor to a 24 purchaser for immediate transportation by the purchaser to 25 another state into which the purchaser has a legal right, 26 under the laws of such state, to import such alcoholic 27 liquor, nor as to any alcoholic liquor other than beer sold 28 by one Illinois licensed manufacturer or importing 29 distributor to another Illinois licensed manufacturer or 30 importing distributor to the extent to which the sale of 31 alcoholic liquor other than beer by one Illinois licensed 32 manufacturer or importing distributor to another Illinois 33 licensed manufacturer or importing distributor is authorized 34 by the licensing provisions of this Act, nor to alcoholic SB1066 Enrolled -10- LRB9102101PTpk 1 liquor whether manufactured in or imported into this State 2 when sold to a "non-beverage user" licensed by the State for 3 use in the manufacture of any of the following when they are 4 unfit for beverage purposes: 5 Patent and proprietary medicines and medicinal, 6 antiseptic, culinary and toilet preparations; 7 Flavoring extracts and syrups and food products; 8 Scientific, industrial and chemical products, excepting 9 denatured alcohol; 10 Or for scientific, chemical, experimental or mechanical 11 purposes; 12 Nor is the tax imposed upon the privilege of engaging in 13 any business in interstate commerce or otherwise, which 14 business may not, under the Constitution and Statutes of the 15 United States, be made the subject of taxation by this State. 16 The tax herein imposed shall be in addition to all other 17 occupation or privilege taxes imposed by the State of 18 Illinois or political subdivision thereof. 19 If any alcoholic liquor manufactured in or imported into 20 this State is sold to a licensed manufacturer or importing 21 distributor by a licensed manufacturer or importing 22 distributor to be used solely as an ingredient in the 23 manufacture of any beverage for human consumption, the tax 24 imposed upon such purchasing manufacturer or importing 25 distributor shall be reduced by the amount of the taxes which 26 have been paid by the selling manufacturer or importing 27 distributor under this Act as to such alcoholic liquor so 28 used to the Department of Revenue. 29 If any person received any alcoholic liquors from a 30 manufacturer or importing distributor, with respect to which 31 alcoholic liquors no tax is imposed under this Article, and 32 such alcoholic liquor shall thereafter be disposed of in such 33 manner or under such circumstances as may cause the same to 34 become the base for the tax imposed by this Article, such SB1066 Enrolled -11- LRB9102101PTpk 1 person shall make the same reports and returns, pay the same 2 taxes and be subject to all other provisions of this Article 3 relating to manufacturers and importing distributors. 4 Nothing in this Article shall be construed to require the 5 payment to the Department of the taxes imposed by this 6 Article more than once with respect to any quantity of 7 alcoholic liquor sold or used within this State. 8 No tax is imposed by this Act on sales of alcoholic 9 liquor by Illinois licensed foreign importers to Illinois 10 licensed importing distributors. 11 (Source: P.A. 90-625, eff. 7-10-98.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.