Full Text of SB3320 97th General Assembly
SB3320enr 97TH GENERAL ASSEMBLY |
| | SB3320 Enrolled | | LRB097 16527 HLH 61696 b |
|
| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Illinois Lottery Law is amended by changing | 5 | | Section 21.8 as follows: | 6 | | (20 ILCS 1605/21.8) | 7 | | Sec. 21.8. Quality of Life scratch-off game. | 8 | | (a) The Department shall offer a special instant | 9 | | scratch-off game with the title of "Quality of Life". The game | 10 | | shall commence on July 1, 2007 or as soon thereafter, in the | 11 | | discretion of the Superintendent, as is reasonably practical, | 12 | | and shall be discontinued on December 31, 2017 2012 . The | 13 | | operation of the game is governed by this Act and by any rules | 14 | | adopted by the Department. The Department must consult with the | 15 | | Quality of Life Board, which is established under Section | 16 | | 2310-348 of the Department of Public Health Powers and Duties | 17 | | Law of the
Civil Administrative Code of Illinois, regarding the | 18 | | design and promotion of the game. If any provision of this | 19 | | Section is inconsistent with any other provision of this Act, | 20 | | then this Section governs. | 21 | | (b) The Quality of Life Endowment Fund is created as a | 22 | | special fund in the State treasury. The net revenue from the | 23 | | Quality of Life special instant scratch-off game must be |
| | | SB3320 Enrolled | - 2 - | LRB097 16527 HLH 61696 b |
|
| 1 | | deposited into the Fund for appropriation by the General | 2 | | Assembly solely to the Department of Public Health for the | 3 | | purpose of HIV/AIDS-prevention education and for making grants | 4 | | to public or private entities in Illinois for the purpose of | 5 | | funding organizations that serve the highest at-risk | 6 | | categories for contracting HIV or developing AIDS. Grants shall | 7 | | be targeted to serve at-risk populations in proportion to the | 8 | | distribution of recent reported Illinois HIV/AIDS cases among | 9 | | risk groups as reported by the Illinois Department of Public | 10 | | Health. The recipient organizations must be engaged in | 11 | | HIV/AIDS-prevention education and HIV/AIDS healthcare | 12 | | treatment. The Department must, before grants are awarded, | 13 | | provide copies of all grant applications to the Quality of Life | 14 | | Board, receive and review the Board's recommendations and | 15 | | comments, and consult with the Board regarding the grants. | 16 | | Organizational size will determine an organization's | 17 | | competitive slot in the "Request for Proposal" process. | 18 | | Organizations with an annual budget of $300,000 or less will | 19 | | compete with like size organizations for 50% of the Quality of | 20 | | Life annual fund. Organizations with an annual budget of | 21 | | $300,001 to $700,000 will compete with like organizations for | 22 | | 25% of the Quality of Life annual fund, and organizations with | 23 | | an annual budget of $700,001 and upward will compete with like | 24 | | organizations for 25% of the Quality of Life annual fund. The | 25 | | lottery may designate a percentage of proceeds for marketing | 26 | | purpose. The grant funds may not be used for institutional, |
| | | SB3320 Enrolled | - 3 - | LRB097 16527 HLH 61696 b |
|
| 1 | | organizational, or community-based overhead costs, indirect | 2 | | costs, or levies. | 3 | | Grants awarded from the Fund are intended to augment the | 4 | | current and future State funding for the prevention and | 5 | | treatment of HIV/AIDS and are not intended to replace that | 6 | | funding.
| 7 | | Moneys received for the purposes of this Section, | 8 | | including, without limitation, net revenue from the special | 9 | | instant scratch-off game and gifts, grants, and awards from any | 10 | | public or private entity, must be deposited into the Fund. Any | 11 | | interest earned on moneys in the Fund must be deposited into | 12 | | the Fund. | 13 | | For purposes of this subsection, "net revenue" means the | 14 | | total amount for which tickets have been sold less the sum of | 15 | | the amount paid out in prizes and the actual administrative | 16 | | expenses of the Department solely related to the Quality of | 17 | | Life game. | 18 | | (c) During the time that tickets are sold for the Quality | 19 | | of Life game, the Department shall not unreasonably diminish | 20 | | the efforts devoted to marketing any other instant scratch-off | 21 | | lottery game. | 22 | | (d) The Department may adopt any rules necessary to | 23 | | implement and administer the provisions of this Section in | 24 | | consultation with the Quality of Life Board.
| 25 | | (Source: P.A. 97-464, eff. 10-15-11.) |
| | | SB3320 Enrolled | - 4 - | LRB097 16527 HLH 61696 b |
|
| 1 | | Section 15. The Department of Public Health Powers and | 2 | | Duties Law of the
Civil Administrative Code of Illinois is | 3 | | amended by changing Section 2310-348 as follows: | 4 | | (20 ILCS 2310/2310-348)
| 5 | | Sec. 2310-348. The Quality of Life Board. | 6 | | (a) The Quality of Life Board is created as an advisory | 7 | | board within the Department. The Board shall consist of 11 | 8 | | members as follows: 2 members appointed by the President of the | 9 | | Senate; one member appointed by the Minority Leader of the | 10 | | Senate; 2 members appointed by the Speaker of the House of | 11 | | Representatives; one member appointed by the Minority Leader of | 12 | | the House of Representatives; 2 members appointed by the | 13 | | Governor, one of whom shall be designated as chair of the Board | 14 | | at the time of appointment; and 3 members appointed by the | 15 | | Director who represent organizations that advocate for the | 16 | | healthcare needs of the first and second highest HIV/AIDS risk | 17 | | groups, one each from the northern Illinois region, the central | 18 | | Illinois region, and the southern Illinois region. | 19 | | The Board members shall serve one 2-year term. If a vacancy | 20 | | occurs in the Board membership, the vacancy shall be filled in | 21 | | the same manner as the initial appointment. | 22 | | (b) Board members shall serve without compensation but may | 23 | | be reimbursed for their reasonable travel expenses from funds | 24 | | appropriated for that purpose. The Department shall provide | 25 | | staff and administrative support services to the Board. |
| | | SB3320 Enrolled | - 5 - | LRB097 16527 HLH 61696 b |
|
| 1 | | (c) The Board must: | 2 | | (i) consult with the Department of the Lottery in | 3 | | designing and promoting the Quality of Life special instant | 4 | | scratch-off lottery game; and | 5 | | (ii) review grant applications, make recommendations | 6 | | and comments, and consult with the Department of Public | 7 | | Health in making grants, from amounts appropriated from the | 8 | | Quality of Life Endowment Fund, to public or private | 9 | | entities in Illinois for the purpose of | 10 | | HIV/AIDS-prevention education and for making grants to | 11 | | public or private entities in Illinois for the purpose of | 12 | | funding organizations that serve the highest at-risk | 13 | | categories for contracting HIV or developing AIDS in | 14 | | accordance with Section 21.7 of the Illinois Lottery Law. | 15 | | (d) The Board is discontinued on June 30, 2018 2013 .
| 16 | | (Source: P.A. 97-464, eff. 10-15-11.) | 17 | | Section 20. The State Finance Act is amended by adding | 18 | | Sections 5.811, 5.812, 5.813, 6z-93, 6z-94, and 6z-95 as | 19 | | follows: | 20 | | (30 ILCS 105/5.811 new) | 21 | | Sec. 5.811. The Childhood Cancer Research Fund. | 22 | | (30 ILCS 105/5.812 new) | 23 | | Sec. 5.812. The Children's Wellness Charities Fund. |
| | | SB3320 Enrolled | - 6 - | LRB097 16527 HLH 61696 b |
|
| 1 | | (30 ILCS 105/5.813 new) | 2 | | Sec. 5.813. The Housing for Families Fund. | 3 | | (30 ILCS 105/6z-93 new) | 4 | | Sec. 6z-93. Childhood Cancer Research Fund; creation. The | 5 | | Childhood Cancer Research Fund is created as a special fund in | 6 | | the State treasury. Moneys in the Fund shall be used by the | 7 | | Department of Public Health to make grants to public or private | 8 | | not-for-profit entities for the purpose of conducting | 9 | | childhood cancer research. For the purposes of this Section, | 10 | | "research" includes, but is not limited to, expenditures to | 11 | | develop and advance the understanding, techniques, and | 12 | | modalities effective in early detection, prevention, cure, | 13 | | screening, and treatment of childhood cancer and may include | 14 | | clinical trials. The grant funds may not be used for | 15 | | institutional overhead costs, indirect costs, other | 16 | | organizational levies, or costs of community-based support | 17 | | services. | 18 | | (30 ILCS 105/6z-94 new) | 19 | | Sec. 6z-94. The Children's Wellness Charities Fund; | 20 | | creation. The Children's Wellness Charities Fund is created as | 21 | | a special fund in the State treasury. Moneys in the Fund shall | 22 | | be used by the Department of Human Services to make grants to | 23 | | public or private not-for-profit entities for the purpose of |
| | | SB3320 Enrolled | - 7 - | LRB097 16527 HLH 61696 b |
|
| 1 | | administering grants to children's health and well-being | 2 | | charities located in Illinois. For the purposes of this | 3 | | Section, "children's health and well-being charities" include, | 4 | | but are not limited to, charities that provide mobile care | 5 | | centers, free or low-cost lodging, or other services to assist | 6 | | children who are being treated for illnesses and their | 7 | | families. For the purposes of this Section, "mobile care | 8 | | center" means any vehicle built specifically for delivering | 9 | | pediatric health care services. | 10 | | (30 ILCS 105/6z-95 new) | 11 | | Sec. 6z-95. The Housing for Families Fund; creation. The | 12 | | Housing for Families Fund is created as a special fund in the | 13 | | State treasury. Moneys in the Fund shall be used by the | 14 | | Department of Human Services to make grants to public or | 15 | | private not-for-profit entities for the purpose of building new | 16 | | housing for low income, working poor, disabled, low credit, and | 17 | | no credit families. For the purposes of this Section, "low | 18 | | income", "working poor", "disabled", "low credit", and "no | 19 | | credit families" shall be defined by the Department of Human | 20 | | Services by rule. | 21 | | Section 25. The Illinois Income Tax Act is amended by | 22 | | changing Sections 509 and 509.1 and by adding Sections 507AAA, | 23 | | 507BBB, and 507CCC as follows: |
| | | SB3320 Enrolled | - 8 - | LRB097 16527 HLH 61696 b |
|
| 1 | | (35 ILCS 5/507AAA new) | 2 | | Sec. 507AAA. The Childhood Cancer Research Fund checkoff. | 3 | | For taxable years ending on or after December 31, 2012, the | 4 | | Department shall print, on its standard individual income tax | 5 | | form, a provision indicating that, if the taxpayer wishes to | 6 | | contribute to the Childhood Cancer Research Fund, as authorized | 7 | | by this amendatory Act of the 97th General Assembly, then he or | 8 | | she may do so by stating the amount of the contribution (not | 9 | | less than $1) on the return and indicating that the | 10 | | contribution will reduce the taxpayer's refund or increase the | 11 | | amount of payment to accompany the return. The taxpayer's | 12 | | failure to remit any amount of the increased payment reduces | 13 | | the contribution accordingly. This Section does not apply to | 14 | | any amended return. | 15 | | (35 ILCS 5/507BBB new) | 16 | | Sec. 507BBB. The Children's Wellness Charities Fund | 17 | | checkoff. For taxable years ending on or after December 31, | 18 | | 2012, the Department shall print, on its standard individual | 19 | | income tax form, a provision indicating that, if the taxpayer | 20 | | wishes to contribute to the Children's Wellness Charities Fund, | 21 | | as authorized by this amendatory Act of the 97th General | 22 | | Assembly, then he or she may do so by stating the amount of the | 23 | | contribution (not less than $1) on the return and indicating | 24 | | that the contribution will reduce the taxpayer's refund or | 25 | | increase the amount of payment to accompany the return. The |
| | | SB3320 Enrolled | - 9 - | LRB097 16527 HLH 61696 b |
|
| 1 | | taxpayer's failure to remit any amount of the increased payment | 2 | | reduces the contribution accordingly. This Section does not | 3 | | apply to any amended return. | 4 | | (35 ILCS 5/507CCC new) | 5 | | Sec. 507CCC. The Housing for Families Fund checkoff. For | 6 | | taxable years ending on or after December 31, 2012, the | 7 | | Department shall print, on its standard individual income tax | 8 | | form, a provision indicating that, if the taxpayer wishes to | 9 | | contribute to the Housing for Families Fund, as authorized by | 10 | | this amendatory Act of the 97th General Assembly, then he or | 11 | | she may do so by stating the amount of the contribution (not | 12 | | less than $1) on the return and indicating that the | 13 | | contribution will reduce the taxpayer's refund or increase the | 14 | | amount of payment to accompany the return. The taxpayer's | 15 | | failure to remit any amount of the increased payment reduces | 16 | | the contribution accordingly. This Section does not apply to | 17 | | any amended return.
| 18 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
| 19 | | Sec. 509. Tax checkoff explanations. | 20 | | (a) All individual income tax return forms
shall contain | 21 | | appropriate explanations and spaces to enable the taxpayers to
| 22 | | designate contributions to the funds to which contributions may | 23 | | be made under this Article 5.
| 24 | | (b) Each form shall contain a statement that the |
| | | SB3320 Enrolled | - 10 - | LRB097 16527 HLH 61696 b |
|
| 1 | | contributions will reduce the
taxpayer's refund or increase the | 2 | | amount of payment to accompany the return.
Failure to remit any | 3 | | amount of increased payment shall reduce the contribution
| 4 | | accordingly.
| 5 | | (c) If, on October 1 of any year, the total contributions | 6 | | to any one of the
funds made under this Article 5 do not equal | 7 | | $100,000 or more, the explanations
and spaces for designating | 8 | | contributions to the fund shall be removed from the
individual | 9 | | income tax return forms for the following and all subsequent | 10 | | years
and all subsequent contributions to the fund shall be | 11 | | refunded to the taxpayer. This contribution requirement does | 12 | | not apply to the Diabetes Research Checkoff Fund checkoff | 13 | | contained in Section 507GG of this Act.
| 14 | | (d) Notwithstanding any other provision of law, the | 15 | | Department shall include the Hunger Relief Fund checkoff | 16 | | established under Section 507SS on the individual income tax | 17 | | form for the taxable year beginning on January 1, 2012. If, on | 18 | | October 1, 2013, or on October 1 of any subsequent year, the | 19 | | total contributions to the Hunger Relief Fund checkoff do not | 20 | | equal $100,000 or more, the explanations
and spaces for | 21 | | designating contributions to the fund shall be removed from the
| 22 | | individual income tax return forms for the following and all | 23 | | subsequent years
and all subsequent contributions to the fund | 24 | | shall be refunded to the taxpayer. | 25 | | (Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; | 26 | | 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff. |
| | | SB3320 Enrolled | - 11 - | LRB097 16527 HLH 61696 b |
|
| 1 | | 8-11-09.)
| 2 | | (35 ILCS 5/509.1) | 3 | | Sec. 509.1. Removal of excess tax-checkoff funds. | 4 | | Notwithstanding any provisions of this Act to the contrary, | 5 | | beginning on the effective date of this amendatory Act of the | 6 | | 95th General Assembly, there may not be more than 15 | 7 | | tax-checkoff funds contained on the individual tax return form | 8 | | at any one time. Each year, the Department shall determine | 9 | | whether the sum of (i) the number of new tax-checkoff funds | 10 | | created by the General Assembly during that year plus (ii) the | 11 | | number of tax-checkoff funds that collected at least $100,000 | 12 | | during the previous year exceeds 15. If so, then the Department | 13 | | shall remove a number of tax-checkoff funds that were on the | 14 | | return during the previous year that is equal to the sum of | 15 | | items (i) and (ii) minus 15, starting with the tax-checkoff | 16 | | fund that received the least amount of contributions and | 17 | | working upward until a sufficient number of funds have been | 18 | | removed. The Hunger Relief Fund checkoff established under | 19 | | Section 507SS shall be included among the 15 tax-checkoff funds | 20 | | as provided in subsection (d) of Section 509 of this Act.
| 21 | | For taxable years ending on or after December 31, 2012, the | 22 | | Diabetes Research Checkoff Fund checkoff contained in Section | 23 | | 507GG of this Act shall be included on the individual tax | 24 | | return form notwithstanding the provisions of this Section. The | 25 | | Diabetes Research Checkoff Fund checkoff shall not be included |
| | | SB3320 Enrolled | - 12 - | LRB097 16527 HLH 61696 b |
|
| 1 | | when calculating the 15 tax-checkoff fund limitation set forth | 2 | | in this Section. | 3 | | (Source: P.A. 95-435, eff. 8-27-07.) | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law. |
|