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91_SB1066ccr001
LRB9102101EGfgccr5
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1066
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 1066, recommend the following:
11 (1) that the House recede from House Amendment No. 1; and
12 (2) that Senate Bill 1066 be amended by replacing the title
13 with the following:
14 "AN ACT in relation to financing public infrastructure
15 improvements, amending named Acts."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 5. The State Finance Act is amended by adding
19 Sections 5.490 and 6z-47 and changing Section 6z-45 as
20 follows:
21 (30 ILCS 105/5.490 new)
22 Sec. 5.490. The Fund for Illinois' Future.
23 (30 ILCS 105/6z-45)
24 Sec. 6z-45. The School Infrastructure Fund.
25 (a) The School Infrastructure Fund is created as a
26 special fund in the State Treasury.
27 In addition to any other deposits authorized by law,
28 beginning January 1, 2000, on the first day of each month, or
29 as soon thereafter as may be practical, the State Treasurer
30 and State Comptroller shall transfer the sum of $5,000,000
31 from the General Revenue Fund to the School Infrastructure
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1 Fund.
2 (b) Subject to the transfer provisions set forth below,
3 money in the School Infrastructure Fund shall, if and when
4 the State of Illinois incurs any bonded indebtedness for the
5 construction of school improvements under the School
6 Construction Law Act, be set aside and used for the purpose
7 of paying and discharging annually the principal and interest
8 on that bonded indebtedness then due and payable, and for no
9 other purpose.
10 In addition to other transfers to the General Obligation
11 Bond Retirement and Interest Fund made pursuant to Section 15
12 of the General Obligation Bond Act, upon each delivery of
13 bonds issued for construction of school improvements under
14 the School Construction Law Act, the State Comptroller shall
15 compute and certify to the State Treasurer the total amount
16 of principal of, interest on, and premium, if any, on such
17 bonds during the then current and each succeeding fiscal
18 year.
19 On or before the last day of each month, the State
20 Treasurer and State Comptroller shall transfer from the
21 School Infrastructure Fund to the General Obligation Bond
22 Retirement and Interest Fund an amount sufficient to pay the
23 aggregate of the principal of, interest on, and premium, if
24 any, on the bonds payable on their next payment date, divided
25 by the number of monthly transfers occurring between the last
26 previous payment date (or the delivery date if no payment
27 date has yet occurred) and the next succeeding payment date.
28 (c) The surplus, if any, in the School Infrastructure
29 Fund after the payment of principal and interest on that
30 bonded indebtedness then annually due shall, subject to
31 appropriation, be used as follows:
32 First - to make 3 payments to the School Technology
33 Revolving Loan Fund as follows:
34 Transfer of $30,000,000 in fiscal year 1999;
35 Transfer of $20,000,000 in fiscal year 2000; and
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1 Transfer of $10,000,000 in fiscal year 2001.
2 Second - to pay the expenses of the State Board of
3 Education and the Capital Development Board in administering
4 programs under the School Construction Law Act, the total
5 expenses not to exceed $1,000,000 in any fiscal year.
6 Third - to pay any amounts due for grants for school
7 construction projects and debt service under the School
8 Construction Law Act.
9 Fourth - to pay any amounts due for grants for school
10 maintenance projects under the School Construction Law.
11 (Source: P.A. 90-548, eff. 1-1-98; 90-587, eff. 7-1-98.)
12 (30 ILCS 105/6z-47 new)
13 Sec. 6z-47. Fund for Illinois' Future.
14 (a) The Fund for Illinois' Future is hereby created as a
15 special fund in the State Treasury.
16 (b) Upon the effective date of this amendatory Act of
17 the 91st General Assembly, or as soon as possible thereafter,
18 the Comptroller shall order transferred and the Treasurer
19 shall transfer $260,000,000 from the General Revenue Fund to
20 the Fund for Illinois' Future.
21 On July 15, 2000, or as soon as possible thereafter, the
22 Comptroller shall order transferred and the Treasurer shall
23 transfer $260,000,000 from the General Revenue Fund to the
24 Fund for Illinois' Future.
25 Revenues in the Fund for Illinois' Future shall include
26 any other funds appropriated or transferred into the Fund.
27 (c) Moneys in the Fund for Illinois' Future may be
28 appropriated for the making of grants and expenditures for
29 planning, engineering, acquisition, construction,
30 reconstruction, development, improvement, and extension of
31 public infrastructure in the State of Illinois, including
32 grants to local governments for public infrastructure, grants
33 to public elementary and secondary school districts for
34 public infrastructure, grants to universities, colleges,
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1 community colleges, and non-profit corporations for public
2 infrastructure, and expenditures for public infrastructure of
3 the State and other related purposes, including but not
4 limited to expenditures for equipment, vehicles, community
5 programs, and recreational facilities.
6 Section 10. The School Construction Law is amended by
7 changing Sections 5-5, 5-25, and 5-35 and adding Section
8 5-100 as follows:
9 (105 ILCS 230/5-5)
10 Sec. 5-5. Definitions. As used in this Article:
11 "Approved school construction bonds" mean bonds that were
12 approved by referendum after January 1, 1996 but prior to
13 January 1, 1998 as provided in Sections 19-2 through 19-7 of
14 the School Code to provide funds for the acquisition,
15 development, construction, reconstruction, rehabilitation,
16 improvement, architectural planning, and installation of
17 capital facilities consisting of buildings, structures,
18 durable-equipment, and land for educational purposes.
19 "Grant index" means a figure for each school district
20 equal to one minus the ratio of the district's equalized
21 assessed valuation per pupil in average daily attendance to
22 the equalized assessed valuation per pupil in average daily
23 attendance of the district located at the 90th percentile for
24 all districts of the same type. The grant index shall be no
25 less than 0.35 and no greater than 0.75 for each district;
26 provided that the grant index for districts whose equalized
27 assessed valuation per pupil in average daily attendance is
28 at the 99th percentile and above for all districts of the
29 same type shall be 0.00.
30 "School construction project" means the acquisition,
31 development, construction, reconstruction, rehabilitation,
32 improvement, architectural planning, and installation of
33 capital facilities consisting of buildings, structures,
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1 durable equipment, and land for educational purposes.
2 "School maintenance project" means a project, other than
3 a school construction project, intended to provide for the
4 maintenance or upkeep of buildings or structures for
5 educational purposes, but does not include ongoing
6 operational costs.
7 (Source: P.A. 90-548, eff. 1-1-98.)
8 (105 ILCS 230/5-25)
9 Sec. 5-25. Eligibility and project standards.
10 (a) The State Board of Education shall establish
11 eligibility standards for school construction project grants
12 and debt service grants. These standards shall include
13 minimum enrollment requirements for eligibility for school
14 construction project grants of 200 students for elementary
15 districts, 200 students for high school districts, and 400
16 students for unit districts. The State Board of Education
17 shall approve a district's eligibility for a school
18 construction project grant or a debt service grant pursuant
19 to the established standards.
20 (b) The Capital Development Board shall establish
21 project standards for all school construction project grants
22 provided pursuant to this Article. These standards shall
23 include space and capacity standards as well as the
24 determination of recognized project costs that shall be
25 eligible for State financial assistance and enrichment costs
26 that shall not be eligible for State financial assistance.
27 (c) The State Board of Education and the Capital
28 Development Board shall not establish standards that
29 disapprove or otherwise establish limitations that restrict
30 the eligibility of a school district with a population
31 exceeding 500,000 for a school construction project grant
32 based on the fact that any or all of the school construction
33 project grant will be used to pay debt service or to make
34 lease payments, as authorized by subsection (b) of Section
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1 5-35 of this Law.
2 (Source: P.A. 90-548, eff. 1-1-98.)
3 (105 ILCS 230/5-35)
4 Sec. 5-35. School construction project grant amounts;
5 permitted use; prohibited use.
6 (a) The product of the district's grant index and the
7 recognized project cost, as determined by the Capital
8 Development Board, for an approved school construction
9 project shall equal the amount of the grant the Capital
10 Development Board shall provide to the eligible district.
11 The grant index shall not be used in cases where the General
12 Assembly and the Governor approve appropriations designated
13 for specifically identified school district construction
14 projects.
15 (b) In each fiscal year in which school construction
16 project grants are awarded, 20% of the total amount awarded
17 statewide shall be awarded to a school district with a
18 population exceeding 500,000, provided such district complies
19 with the provisions of this Article.
20 In addition to the uses otherwise authorized by this Law,
21 any school district with a population exceeding 500,000 is
22 authorized to use any or all of the school construction
23 project grants (i) to pay debt service, as defined in the
24 Local Government Debt Reform Act, on bonds, as defined in the
25 Local Government Debt Reform Act, issued to finance one or
26 more school construction projects and (ii) to the extent that
27 any such bond is a lease or other installment or financing
28 contract between the school district and a public building
29 commission that has issued bonds to finance one or more
30 qualifying school construction projects, to make lease
31 payments under the lease.
32 (c) No portion of a school construction project grant
33 awarded by the Capital Development Board shall be used by a
34 school district for any on-going operational costs.
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1 (Source: P.A. 90-548, eff. 1-1-98.)
2 (105 ILCS 230/5-100 new)
3 Sec. 5-100. School maintenance project grants.
4 (a) The State Board of Education is authorized to make
5 grants to school districts, without regard to enrollment, for
6 school maintenance projects. These grants shall be paid out
7 of moneys appropriated for that purpose from the School
8 Infrastructure Fund. No grant under this Section for one
9 fiscal year shall exceed $50,000, but a school district may
10 receive grants for more than one project during one fiscal
11 year. A school district must provide local matching funds in
12 an amount equal to the amount of the grant under this
13 Section. A school district has no entitlement to a grant
14 under this Section.
15 (b) The State Board of Education shall adopt rules to
16 implement this Section. These rules need not be the same as
17 the rules for school construction project grants or debt
18 service grants.
19 The rules may specify: (1) the manner of applying for
20 grants; (2) project eligibility requirements; (3)
21 restrictions on the use of grant moneys; (4) the manner in
22 which school districts must account for the use of grant
23 moneys; and (5) any other provision that the State Board
24 determines to be necessary or useful for the administration
25 of this Section.
26 The rules shall specify the methods and standards to be
27 used by the State Board to prioritize applications. School
28 maintenance projects shall be prioritized in the following
29 order:
30 (i) emergency projects;
31 (ii) health/life safety projects;
32 (iii) State Program priority projects;
33 (iv) permanent improvement projects; and
34 (v) other projects.
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1 (c) In each school year in which school maintenance
2 project grants are awarded, 20% of the total amount awarded
3 shall be awarded to a school district with a population of
4 more than 500,000, provided that the school district complies
5 with the requirements of this Section and the rules adopted
6 under this Section.
7 Section 15. The Liquor Control Act of 1934 is amended by
8 changing Section 8-1 as follows:
9 (235 ILCS 5/8-1) (from Ch. 43, par. 158)
10 Sec. 8-1. A tax is imposed upon the privilege of
11 engaging in business as a manufacturer or as an importing
12 distributor of alcoholic liquor other than beer at the rate
13 of $0.185 7¢ per gallon for cider containing not less than
14 0.5% alcohol by volume nor more than 7% alcohol by volume,
15 $0.73 23¢ per gallon for wine containing 14% or less of
16 alcohol by volume other than cider containing less than 7%
17 alcohol by volume, 60¢ per gallon for wine containing more
18 than 14% of alcohol by volume, and $4.50 $2.00 per gallon on
19 alcohol and spirits manufactured and sold or used by such
20 manufacturer, or as agent for any other person, or sold or
21 used by such importing distributor, or as agent for any other
22 person. A tax is imposed upon the privilege of engaging in
23 business as a manufacturer of beer or as an importing
24 distributor of beer at the rate of $0.185 7¢ per gallon on
25 all beer manufactured and sold or used by such manufacturer,
26 or as agent for any other person, or sold or used by such
27 importing distributor, or as agent for any other person. Any
28 brewer manufacturing beer in this State shall be entitled to
29 and given a credit or refund of 75% of the tax imposed on
30 each gallon of beer up to 4.9 million gallons per year in any
31 given calendar year for tax paid or payable on beer produced
32 and sold in the State of Illinois.
33 For the purpose of this Section, "cider" means any
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1 alcoholic beverage obtained by the alcohol fermentation of
2 the juice of apples or pears including, but not limited to,
3 flavored, sparkling, or carbonated cider.
4 The credit or refund created by this Act shall apply to
5 all beer taxes in the calendar years 1982 through 1986.
6 The increases made by this amendatory Act of the 91st
7 General Assembly in the rates of taxes imposed under this
8 Section shall apply beginning on July 1, 1999.
9 A tax at the rate of 1¢ per gallon on beer and 48¢ per
10 gallon on alcohol and spirits is also imposed upon the
11 privilege of engaging in business as a retailer or as a
12 distributor who is not also an importing distributor with
13 respect to all beer and all alcohol and spirits owned or
14 possessed by such retailer or distributor when this
15 amendatory Act of 1969 becomes effective, and with respect to
16 which the additional tax imposed by this amendatory Act upon
17 manufacturers and importing distributors does not apply.
18 Retailers and distributors who are subject to the additional
19 tax imposed by this paragraph of this Section shall be
20 required to inventory such alcoholic liquor and to pay this
21 additional tax in a manner prescribed by the Department.
22 The provisions of this Section shall be construed to
23 apply to any importing distributor engaging in business in
24 this State, whether licensed or not.
25 However, such tax is not imposed upon any such business
26 as to any alcoholic liquor shipped outside Illinois by an
27 Illinois licensed manufacturer or importing distributor, nor
28 as to any alcoholic liquor delivered in Illinois by an
29 Illinois licensed manufacturer or importing distributor to a
30 purchaser for immediate transportation by the purchaser to
31 another state into which the purchaser has a legal right,
32 under the laws of such state, to import such alcoholic
33 liquor, nor as to any alcoholic liquor other than beer sold
34 by one Illinois licensed manufacturer or importing
35 distributor to another Illinois licensed manufacturer or
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1 importing distributor to the extent to which the sale of
2 alcoholic liquor other than beer by one Illinois licensed
3 manufacturer or importing distributor to another Illinois
4 licensed manufacturer or importing distributor is authorized
5 by the licensing provisions of this Act, nor to alcoholic
6 liquor whether manufactured in or imported into this State
7 when sold to a "non-beverage user" licensed by the State for
8 use in the manufacture of any of the following when they are
9 unfit for beverage purposes:
10 Patent and proprietary medicines and medicinal,
11 antiseptic, culinary and toilet preparations;
12 Flavoring extracts and syrups and food products;
13 Scientific, industrial and chemical products, excepting
14 denatured alcohol;
15 Or for scientific, chemical, experimental or mechanical
16 purposes;
17 Nor is the tax imposed upon the privilege of engaging in
18 any business in interstate commerce or otherwise, which
19 business may not, under the Constitution and Statutes of the
20 United States, be made the subject of taxation by this State.
21 The tax herein imposed shall be in addition to all other
22 occupation or privilege taxes imposed by the State of
23 Illinois or political subdivision thereof.
24 If any alcoholic liquor manufactured in or imported into
25 this State is sold to a licensed manufacturer or importing
26 distributor by a licensed manufacturer or importing
27 distributor to be used solely as an ingredient in the
28 manufacture of any beverage for human consumption, the tax
29 imposed upon such purchasing manufacturer or importing
30 distributor shall be reduced by the amount of the taxes which
31 have been paid by the selling manufacturer or importing
32 distributor under this Act as to such alcoholic liquor so
33 used to the Department of Revenue.
34 If any person received any alcoholic liquors from a
35 manufacturer or importing distributor, with respect to which
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1 alcoholic liquors no tax is imposed under this Article, and
2 such alcoholic liquor shall thereafter be disposed of in such
3 manner or under such circumstances as may cause the same to
4 become the base for the tax imposed by this Article, such
5 person shall make the same reports and returns, pay the same
6 taxes and be subject to all other provisions of this Article
7 relating to manufacturers and importing distributors.
8 Nothing in this Article shall be construed to require the
9 payment to the Department of the taxes imposed by this
10 Article more than once with respect to any quantity of
11 alcoholic liquor sold or used within this State.
12 No tax is imposed by this Act on sales of alcoholic
13 liquor by Illinois licensed foreign importers to Illinois
14 licensed importing distributors.
15 (Source: P.A. 90-625, eff. 7-10-98.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".
18 Submitted on , 1999.
19 ______________________________ _____________________________
20 Senator Representative
21 ______________________________ _____________________________
22 Senator Representative
23 ______________________________ _____________________________
24 Senator Representative
25 ______________________________ _____________________________
26 Senator Representative
27 ______________________________ _____________________________
28 Senator Representative
29 Committee for the Senate Committee for the House