State of Illinois
91st General Assembly
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Public Act 91-0038

SB1066 Enrolled                                LRB9102101PTpk

    AN ACT in relation  to  financing  public  infrastructure
improvements, amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The State Finance Act is  amended  by  adding
Sections  5.490  and  6z-47  and  changing  Section  6z-45 as
follows:

    (30 ILCS 105/5.490 new)
    Sec. 5.490.  The Fund for Illinois' Future.

    (30 ILCS 105/6z-45)
    Sec. 6z-45.  The School Infrastructure Fund.
    (a)  The School  Infrastructure  Fund  is  created  as  a
special fund in the State Treasury.
    In  addition  to  any  other  deposits authorized by law,
beginning January 1, 2000, on the first day of each month, or
as soon thereafter as may be practical, the  State  Treasurer
and  State  Comptroller  shall transfer the sum of $5,000,000
from the General Revenue Fund to  the  School  Infrastructure
Fund.
    (b)  Subject  to the transfer provisions set forth below,
money in the School Infrastructure Fund shall,  if  and  when
the  State of Illinois incurs any bonded indebtedness for the
construction  of  school  improvements   under   the   School
Construction  Law  Act, be set aside and used for the purpose
of paying and discharging annually the principal and interest
on that bonded indebtedness then due and payable, and for  no
other purpose.
    In  addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act,  upon  each  delivery  of
bonds  issued  for  construction of school improvements under
the School Construction Law Act, the State Comptroller  shall
compute  and  certify to the State Treasurer the total amount
of principal of, interest on, and premium, if  any,  on  such
bonds  during  the  then  current  and each succeeding fiscal
year.
    On or before the  last  day  of  each  month,  the  State
Treasurer  and  State  Comptroller  shall  transfer  from the
School Infrastructure Fund to  the  General  Obligation  Bond
Retirement  and Interest Fund an amount sufficient to pay the
aggregate of the principal of, interest on, and  premium,  if
any, on the bonds payable on their next payment date, divided
by the number of monthly transfers occurring between the last
previous  payment  date  (or  the delivery date if no payment
date has yet occurred) and the next succeeding payment date.
    (c)  The surplus, if any, in  the  School  Infrastructure
Fund  after  the  payment  of  principal and interest on that
bonded indebtedness  then  annually  due  shall,  subject  to
appropriation, be used as follows:
    First  -  to  make  3  payments  to the School Technology
Revolving Loan Fund as follows:
         Transfer of $30,000,000 in fiscal year 1999;
         Transfer of $20,000,000 in fiscal year 2000; and
         Transfer of $10,000,000 in fiscal year 2001.
    Second - to pay  the  expenses  of  the  State  Board  of
Education  and the Capital Development Board in administering
programs under the School Construction  Law  Act,  the  total
expenses not to exceed $1,000,000 in any fiscal year.
    Third  -  to  pay  any  amounts due for grants for school
construction projects  and  debt  service  under  the  School
Construction Law Act.
    Fourth  -  to  pay  any amounts due for grants for school
maintenance projects under the School Construction Law.
(Source: P.A. 90-548, eff. 1-1-98; 90-587, eff. 7-1-98.)
    (30 ILCS 105/6z-47 new)
    Sec. 6z-47.  Fund for Illinois' Future.
    (a)  The Fund for Illinois' Future is hereby created as a
special fund in the State Treasury.
    (b)  Upon the effective date of this  amendatory  Act  of
the 91st General Assembly, or as soon as possible thereafter,
the  Comptroller  shall  order  transferred and the Treasurer
shall transfer $260,000,000 from the General Revenue Fund  to
the Fund for Illinois' Future.
    On  July 15, 2000, or as soon as possible thereafter, the
Comptroller shall order transferred and the  Treasurer  shall
transfer  $260,000,000  from  the General Revenue Fund to the
Fund for Illinois' Future.
    Revenues in the Fund for Illinois' Future  shall  include
any other funds appropriated or transferred into the Fund.
    (c)  Moneys  in  the  Fund  for  Illinois'  Future may be
appropriated for the making of grants  and  expenditures  for
planning,     engineering,     acquisition,     construction,
reconstruction,  development,  improvement,  and extension of
public infrastructure in the  State  of  Illinois,  including
grants to local governments for public infrastructure, grants
to  public  elementary  and  secondary  school  districts for
public  infrastructure,  grants  to  universities,  colleges,
community colleges, and non-profit  corporations  for  public
infrastructure, and expenditures for public infrastructure of
the  State  and  other  related  purposes,  including but not
limited to expenditures for  equipment,  vehicles,  community
programs, and recreational facilities.

    Section  10.   The  School Construction Law is amended by
changing Sections 5-5, 5-25,  and  5-35  and  adding  Section
5-100 as follows:

    (105 ILCS 230/5-5)
    Sec. 5-5. Definitions.  As used in this Article:
    "Approved school construction bonds" mean bonds that were
approved  by  referendum  after  January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7  of
the  School  Code  to  provide  funds  for  the  acquisition,
development,  construction,  reconstruction,  rehabilitation,
improvement,  architectural  planning,  and  installation  of
capital   facilities  consisting  of  buildings,  structures,
durable-equipment, and land for educational purposes.
    "Grant index" means a figure  for  each  school  district
equal  to  one  minus  the  ratio of the district's equalized
assessed valuation per pupil in average daily  attendance  to
the  equalized  assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same type.  The grant index shall be  no
less  than  0.35  and no greater than 0.75 for each district;
provided that the grant index for districts  whose  equalized
assessed  valuation  per pupil in average daily attendance is
at the 99th percentile and above for  all  districts  of  the
same type shall be 0.00.
    "School  construction  project"  means  the  acquisition,
development,  construction,  reconstruction,  rehabilitation,
improvement,  architectural  planning,  and  installation  of
capital   facilities  consisting  of  buildings,  structures,
durable equipment, and land for educational purposes.
    "School maintenance project" means a project, other  than
a  school  construction  project, intended to provide for the
maintenance  or  upkeep  of  buildings  or   structures   for
educational   purposes,   but   does   not   include  ongoing
operational costs.
(Source: P.A. 90-548, eff. 1-1-98.)

    (105 ILCS 230/5-25)
    Sec. 5-25.  Eligibility and project standards.
    (a)  The  State  Board  of  Education   shall   establish
eligibility  standards for school construction project grants
and debt  service  grants.   These  standards  shall  include
minimum  enrollment  requirements  for eligibility for school
construction project grants of 200  students  for  elementary
districts,  200  students  for high school districts, and 400
students for unit districts.  The State  Board  of  Education
shall   approve   a   district's  eligibility  for  a  school
construction project grant or a debt service  grant  pursuant
to the established standards.
    (b)  The   Capital   Development  Board  shall  establish
project standards for all school construction project  grants
provided  pursuant  to  this  Article.  These standards shall
include  space  and  capacity  standards  as  well   as   the
determination  of  recognized  project  costs  that  shall be
eligible for State financial assistance and enrichment  costs
that shall not be eligible for State financial assistance.
    (c)  The   State  Board  of  Education  and  the  Capital
Development  Board  shall  not   establish   standards   that
disapprove  or  otherwise establish limitations that restrict
the eligibility  of  a  school  district  with  a  population
exceeding  500,000  for  a  school construction project grant
based on the fact that any or all of the school  construction
project  grant  will  be  used to pay debt service or to make
lease payments, as authorized by subsection  (b)  of  Section
5-35 of this Law.
(Source: P.A. 90-548, eff. 1-1-98.)

    (105 ILCS 230/5-35)
    Sec.  5-35.  School  construction  project grant amounts;
permitted use; prohibited use.
    (a)  The product of the district's grant  index  and  the
recognized   project  cost,  as  determined  by  the  Capital
Development  Board,  for  an  approved  school   construction
project  shall  equal  the  amount  of  the grant the Capital
Development Board shall provide  to  the  eligible  district.
The  grant index shall not be used in cases where the General
Assembly and the Governor approve  appropriations  designated
for  specifically  identified  school  district  construction
projects.
    (b)  In  each  fiscal  year  in which school construction
project grants are awarded, 20% of the total  amount  awarded
statewide  shall  be  awarded  to  a  school  district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
    In addition to the uses otherwise authorized by this Law,
any school district with a population  exceeding  500,000  is
authorized  to  use  any  or  all  of the school construction
project grants (i) to pay debt service,  as  defined  in  the
Local Government Debt Reform Act, on bonds, as defined in the
Local  Government  Debt  Reform Act, issued to finance one or
more school construction projects and (ii) to the extent that
any such bond is a lease or other  installment  or  financing
contract  between  the  school district and a public building
commission that has issued  bonds  to  finance  one  or  more
qualifying   school  construction  projects,  to  make  lease
payments under the lease.
    (c)  No portion of a school  construction  project  grant
awarded  by  the Capital Development Board shall be used by a
school district for any on-going operational costs.
(Source: P.A. 90-548, eff. 1-1-98.)

    (105 ILCS 230/5-100 new)
    Sec. 5-100. School maintenance project grants.
    (a)  The State Board of Education is authorized  to  make
grants to school districts, without regard to enrollment, for
school  maintenance projects.  These grants shall be paid out
of moneys appropriated  for  that  purpose  from  the  School
Infrastructure  Fund.   No  grant  under this Section for one
fiscal year shall exceed $50,000, but a school  district  may
receive  grants  for  more than one project during one fiscal
year.  A school district must provide local matching funds in
an amount equal  to  the  amount  of  the  grant  under  this
Section.   A  school  district  has no entitlement to a grant
under this Section.
    (b)  The State Board of Education shall  adopt  rules  to
implement  this Section.  These rules need not be the same as
the rules for school  construction  project  grants  or  debt
service grants.
    The  rules  may  specify:  (1) the manner of applying for
grants;   (2)   project   eligibility    requirements;    (3)
restrictions  on  the  use of grant moneys; (4) the manner in
which school districts must account  for  the  use  of  grant
moneys;  and  (5)  any  other  provision that the State Board
determines to be necessary or useful for  the  administration
of this Section.
    The  rules  shall specify the methods and standards to be
used by the State Board to prioritize  applications.   School
maintenance  projects  shall  be prioritized in the following
order:
         (i)  emergency projects;
         (ii)  health/life safety projects;
         (iii)  State Program priority projects;
         (iv)  permanent improvement projects; and
         (v)  other projects.
    (c)  In each school  year  in  which  school  maintenance
project  grants  are awarded, 20% of the total amount awarded
shall be awarded to a school district with  a  population  of
more than 500,000, provided that the school district complies
with  the  requirements of this Section and the rules adopted
under this Section.
    Section 15.  The Liquor Control Act of 1934 is amended by
changing Section 8-1 as follows:

    (235 ILCS 5/8-1) (from Ch. 43, par. 158)
    Sec. 8-1.   A  tax  is  imposed  upon  the  privilege  of
engaging  in  business  as  a manufacturer or as an importing
distributor of alcoholic liquor other than beer at  the  rate
of  $0.185    per gallon for cider containing not less than
0.5% alcohol by volume nor more than 7%  alcohol  by  volume,
$0.73  23¢  per  gallon  for  wine  containing 14% or less of
alcohol by volume other than cider containing  less  than  7%
alcohol  by  volume,  60¢ per gallon for wine containing more
than 14% of alcohol by volume, and $4.50 $2.00 per gallon  on
alcohol  and  spirits  manufactured  and sold or used by such
manufacturer, or as agent for any other person,  or  sold  or
used by such importing distributor, or as agent for any other
person.   A  tax is imposed upon the privilege of engaging in
business as  a  manufacturer  of  beer  or  as  an  importing
distributor  of  beer  at the rate of $0.185  per gallon on
all beer manufactured and sold or used by such  manufacturer,
or  as  agent  for  any other person, or sold or used by such
importing distributor, or as agent for any other person.  Any
brewer manufacturing beer in this State shall be entitled  to
and  given  a  credit  or refund of 75% of the tax imposed on
each gallon of beer up to 4.9 million gallons per year in any
given calendar year for tax paid or payable on beer  produced
and sold in the State of Illinois.
    For  the  purpose  of  this  Section,  "cider"  means any
alcoholic beverage obtained by the  alcohol  fermentation  of
the  juice  of apples or pears including, but not limited to,
flavored, sparkling, or carbonated cider.
    The credit or refund created by this Act shall  apply  to
all beer taxes in the calendar years 1982 through 1986.
    The  increases  made  by  this amendatory Act of the 91st
General Assembly in the rates of  taxes  imposed  under  this
Section shall apply beginning on July 1, 1999.
    A  tax  at  the rate of 1¢ per gallon on beer and 48¢ per
gallon on alcohol  and  spirits  is  also  imposed  upon  the
privilege  of  engaging  in  business  as  a retailer or as a
distributor who is not also  an  importing  distributor  with
respect  to  all  beer  and  all alcohol and spirits owned or
possessed  by  such  retailer  or   distributor   when   this
amendatory Act of 1969 becomes effective, and with respect to
which  the additional tax imposed by this amendatory Act upon
manufacturers and  importing  distributors  does  not  apply.
Retailers  and distributors who are subject to the additional
tax imposed by  this  paragraph  of  this  Section  shall  be
required  to  inventory such alcoholic liquor and to pay this
additional tax in a manner prescribed by the Department.
    The provisions of this  Section  shall  be  construed  to
apply  to  any  importing distributor engaging in business in
this State, whether licensed or not.
    However, such tax is not imposed upon any  such  business
as  to  any  alcoholic  liquor shipped outside Illinois by an
Illinois licensed manufacturer or importing distributor,  nor
as  to  any  alcoholic  liquor  delivered  in  Illinois by an
Illinois licensed manufacturer or importing distributor to  a
purchaser  for  immediate  transportation by the purchaser to
another state into which the purchaser  has  a  legal  right,
under  the  laws  of  such  state,  to  import such alcoholic
liquor, nor as to any alcoholic liquor other than  beer  sold
by   one   Illinois   licensed   manufacturer   or  importing
distributor to  another  Illinois  licensed  manufacturer  or
importing  distributor  to  the  extent  to which the sale of
alcoholic liquor other than beer  by  one  Illinois  licensed
manufacturer  or  importing  distributor  to another Illinois
licensed manufacturer or importing distributor is  authorized
by  the  licensing  provisions  of this Act, nor to alcoholic
liquor whether manufactured in or imported  into  this  State
when  sold to a "non-beverage user" licensed by the State for
use in the manufacture of any of the following when they  are
unfit for beverage purposes:
    Patent   and   proprietary   medicines   and   medicinal,
antiseptic, culinary and toilet preparations;
    Flavoring extracts and syrups and food products;
    Scientific,  industrial  and chemical products, excepting
denatured alcohol;
    Or for scientific, chemical, experimental  or  mechanical
purposes;
    Nor  is the tax imposed upon the privilege of engaging in
any business  in  interstate  commerce  or  otherwise,  which
business  may not, under the Constitution and Statutes of the
United States, be made the subject of taxation by this State.
    The tax herein imposed shall be in addition to all  other
occupation  or  privilege  taxes  imposed  by  the  State  of
Illinois or political subdivision thereof.
    If  any alcoholic liquor manufactured in or imported into
this State is sold to a licensed  manufacturer  or  importing
distributor   by   a   licensed   manufacturer  or  importing
distributor to  be  used  solely  as  an  ingredient  in  the
manufacture  of  any  beverage for human consumption, the tax
imposed  upon  such  purchasing  manufacturer  or   importing
distributor shall be reduced by the amount of the taxes which
have  been  paid  by  the  selling  manufacturer or importing
distributor under this Act as to  such  alcoholic  liquor  so
used to the Department of Revenue.
    If  any  person  received  any  alcoholic  liquors from a
manufacturer or importing distributor, with respect to  which
alcoholic  liquors  no tax is imposed under this Article, and
such alcoholic liquor shall thereafter be disposed of in such
manner or under such circumstances as may cause the  same  to
become  the  base  for  the tax imposed by this Article, such
person shall make the same reports and returns, pay the  same
taxes  and be subject to all other provisions of this Article
relating to manufacturers and importing distributors.
    Nothing in this Article shall be construed to require the
payment to the  Department  of  the  taxes  imposed  by  this
Article  more  than  once  with  respect  to  any quantity of
alcoholic liquor sold or used within this State.
    No tax is imposed by  this  Act  on  sales  of  alcoholic
liquor  by  Illinois  licensed  foreign importers to Illinois
licensed importing distributors.
(Source: P.A. 90-625, eff. 7-10-98.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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