Illinois General Assembly - Full Text of SB3320
Illinois General Assembly

Previous General Assemblies

Full Text of SB3320  97th General Assembly

SB3320ham001 97TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 5/22/2012

 

 


 

 


 
09700SB3320ham001LRB097 16527 HLH 69896 a

1
AMENDMENT TO SENATE BILL 3320

2    AMENDMENT NO. ______. Amend Senate Bill 3320 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Human Services Act is amended
5by changing Section 1-50 as follows:
 
6    (20 ILCS 1305/1-50)
7    Sec. 1-50. Department of Human Services Community Services
8Fund.
9    (a) The Department of Human Services Community Services
10Fund is created in the State treasury as a special fund.
11    (b) The Fund is created for the purpose of receiving and
12disbursing moneys in accordance with this Section.
13Disbursements from the Fund shall be made, subject to
14appropriation, for payment of expenses incurred by the
15Department of Human Services in support of the Department's
16rebalancing services or for any Department of Human Services

 

 

09700SB3320ham001- 2 -LRB097 16527 HLH 69896 a

1Ambassador pilot program authorized by the General Assembly on
2or after the effective date of this amendatory Act of the 97th
3General Assembly.
4    (c) The Fund shall consist of the following:
5        (1) Moneys transferred from another State fund.
6        (2) All federal moneys received as a result of
7    expenditures that are attributable to moneys deposited in
8    the Fund.
9        (2-5) Moneys received from a tax checkoff under the
10    Illinois Income Tax Act.
11        (3) All other moneys received for the Fund from any
12    other source.
13        (4) Interest earned upon moneys in the Fund.
14(Source: P.A. 96-1530, eff. 2-16-11.)
 
15    Section 10. The Illinois Lottery Law is amended by changing
16Section 21.8 as follows:
 
17    (20 ILCS 1605/21.8)
18    Sec. 21.8. Quality of Life scratch-off game.
19    (a) The Department shall offer a special instant
20scratch-off game with the title of "Quality of Life". The game
21shall commence on July 1, 2007 or as soon thereafter, in the
22discretion of the Superintendent, as is reasonably practical,
23and shall be discontinued on December 31, 2017 2012. The
24operation of the game is governed by this Act and by any rules

 

 

09700SB3320ham001- 3 -LRB097 16527 HLH 69896 a

1adopted by the Department. The Department must consult with the
2Quality of Life Board, which is established under Section
32310-348 of the Department of Public Health Powers and Duties
4Law of the Civil Administrative Code of Illinois, regarding the
5design and promotion of the game. If any provision of this
6Section is inconsistent with any other provision of this Act,
7then this Section governs.
8    (b) The Quality of Life Endowment Fund is created as a
9special fund in the State treasury. The net revenue from the
10Quality of Life special instant scratch-off game must be
11deposited into the Fund for appropriation by the General
12Assembly solely to the Department of Public Health for the
13purpose of HIV/AIDS-prevention education and for making grants
14to public or private entities in Illinois for the purpose of
15funding organizations that serve the highest at-risk
16categories for contracting HIV or developing AIDS. Grants shall
17be targeted to serve at-risk populations in proportion to the
18distribution of recent reported Illinois HIV/AIDS cases among
19risk groups as reported by the Illinois Department of Public
20Health. The recipient organizations must be engaged in
21HIV/AIDS-prevention education and HIV/AIDS healthcare
22treatment. The Department must, before grants are awarded,
23provide copies of all grant applications to the Quality of Life
24Board, receive and review the Board's recommendations and
25comments, and consult with the Board regarding the grants.
26Organizational size will determine an organization's

 

 

09700SB3320ham001- 4 -LRB097 16527 HLH 69896 a

1competitive slot in the "Request for Proposal" process.
2Organizations with an annual budget of $300,000 or less will
3compete with like size organizations for 50% of the Quality of
4Life annual fund. Organizations with an annual budget of
5$300,001 to $700,000 will compete with like organizations for
625% of the Quality of Life annual fund, and organizations with
7an annual budget of $700,001 and upward will compete with like
8organizations for 25% of the Quality of Life annual fund. The
9lottery may designate a percentage of proceeds for marketing
10purpose. The grant funds may not be used for institutional,
11organizational, or community-based overhead costs, indirect
12costs, or levies.
13    Grants awarded from the Fund are intended to augment the
14current and future State funding for the prevention and
15treatment of HIV/AIDS and are not intended to replace that
16funding.
17    Moneys received for the purposes of this Section,
18including, without limitation, net revenue from the special
19instant scratch-off game and gifts, grants, and awards from any
20public or private entity, must be deposited into the Fund. Any
21interest earned on moneys in the Fund must be deposited into
22the Fund.
23    For purposes of this subsection, "net revenue" means the
24total amount for which tickets have been sold less the sum of
25the amount paid out in prizes and the actual administrative
26expenses of the Department solely related to the Quality of

 

 

09700SB3320ham001- 5 -LRB097 16527 HLH 69896 a

1Life game.
2    (c) During the time that tickets are sold for the Quality
3of Life game, the Department shall not unreasonably diminish
4the efforts devoted to marketing any other instant scratch-off
5lottery game.
6    (d) The Department may adopt any rules necessary to
7implement and administer the provisions of this Section in
8consultation with the Quality of Life Board.
9(Source: P.A. 97-464, eff. 10-15-11.)
 
10    Section 15. The Department of Public Health Powers and
11Duties Law of the Civil Administrative Code of Illinois is
12amended by changing Section 2310-348 as follows:
 
13    (20 ILCS 2310/2310-348)
14    Sec. 2310-348. The Quality of Life Board.
15    (a) The Quality of Life Board is created as an advisory
16board within the Department. The Board shall consist of 11
17members as follows: 2 members appointed by the President of the
18Senate; one member appointed by the Minority Leader of the
19Senate; 2 members appointed by the Speaker of the House of
20Representatives; one member appointed by the Minority Leader of
21the House of Representatives; 2 members appointed by the
22Governor, one of whom shall be designated as chair of the Board
23at the time of appointment; and 3 members appointed by the
24Director who represent organizations that advocate for the

 

 

09700SB3320ham001- 6 -LRB097 16527 HLH 69896 a

1healthcare needs of the first and second highest HIV/AIDS risk
2groups, one each from the northern Illinois region, the central
3Illinois region, and the southern Illinois region.
4    The Board members shall serve one 2-year term. If a vacancy
5occurs in the Board membership, the vacancy shall be filled in
6the same manner as the initial appointment.
7    (b) Board members shall serve without compensation but may
8be reimbursed for their reasonable travel expenses from funds
9appropriated for that purpose. The Department shall provide
10staff and administrative support services to the Board.
11    (c) The Board must:
12        (i) consult with the Department of the Lottery in
13    designing and promoting the Quality of Life special instant
14    scratch-off lottery game; and
15        (ii) review grant applications, make recommendations
16    and comments, and consult with the Department of Public
17    Health in making grants, from amounts appropriated from the
18    Quality of Life Endowment Fund, to public or private
19    entities in Illinois for the purpose of
20    HIV/AIDS-prevention education and for making grants to
21    public or private entities in Illinois for the purpose of
22    funding organizations that serve the highest at-risk
23    categories for contracting HIV or developing AIDS in
24    accordance with Section 21.7 of the Illinois Lottery Law.
25    (d) The Board is discontinued on June 30, 2018 2013.
26(Source: P.A. 97-464, eff. 10-15-11.)
 

 

 

09700SB3320ham001- 7 -LRB097 16527 HLH 69896 a

1    Section 20. The State Finance Act is amended by adding
2Sections 5.811, 5.812, 5.813, 6z-93, 6z-94, and 6z-95 as
3follows:
 
4    (30 ILCS 105/5.811 new)
5    Sec. 5.811. The Childhood Cancer Research Fund.
 
6    (30 ILCS 105/5.812 new)
7    Sec. 5.812. The Children's Wellness Charities Fund.
 
8    (30 ILCS 105/5.813 new)
9    Sec. 5.813. The Housing for Families Fund.
 
10    (30 ILCS 105/6z-93 new)
11    Sec. 6z-93. Childhood Cancer Research Fund; creation. The
12Childhood Cancer Research Fund is created as a special fund in
13the State treasury. Moneys in the fund shall be used by the
14Department of Public Health to make grants to public or private
15not-for-profit entities for the purpose of conducting
16childhood cancer research. For the purposes of this Section,
17"research" includes, but is not limited to, expenditures to
18develop and advance the understanding, techniques, and
19modalities effective in early detection, prevention, cure,
20screening, and treatment of childhood cancer and may include
21clinical trials. The grant funds may not be used for

 

 

09700SB3320ham001- 8 -LRB097 16527 HLH 69896 a

1institutional overhead costs, indirect costs, other
2organizational levies, or costs of community-based support
3services.
 
4    (30 ILCS 105/6z-94 new)
5    Sec. 6z-94. The Children's Wellness Charities Fund;
6creation. The Children's Wellness Charities Fund is created as
7a special fund in the State treasury. Moneys in the Fund shall
8be used by the Department of Human Services to make grants to
9public or private not-for-profit entities for the purpose of
10administering grants to children's health and well-being
11charities located in Illinois. For the purposes of this
12Section, "children's health and well-being charities" include,
13but are not limited to, charities that provide mobile care
14centers, free or low-cost lodging, or other services to assist
15children who are being treated for illnesses and their
16families. For the purposes of this Section, "mobile care
17center" means any vehicle built specifically for delivering
18pediatric health care services.
 
19    (30 ILCS 105/6z-95 new)
20    Sec. 6z-95. The Housing for Families Fund; creation. The
21Housing for Families Fund is created as a special fund in the
22State treasury. Moneys in the Fund shall be used by the
23Department of Human Services to make grants to public or
24private not-for-profit entities for the purpose of building new

 

 

09700SB3320ham001- 9 -LRB097 16527 HLH 69896 a

1housing for low income, working poor, disabled, low credit, and
2no credit families. For the purposes of this section "low
3income", "working poor", "disabled", "low credit", and "no
4credit families" shall be defined by the Department of Human
5Services by rule.
 
6    Section 25. The Illinois Income Tax Act is amended by
7changing Sections 509 and 509.1 and by adding Sections 507AAA,
8507BBB, 507CCC, and 507DDD as follows:
 
9    (35 ILCS 5/507AAA new)
10    Sec. 507AAA. The Childhood Cancer Research Fund checkoff.
11For taxable years ending on or after December 31, 2012, the
12Department shall print, on its standard individual income tax
13form, a provision indicating that, if the taxpayer wishes to
14contribute to the Childhood Cancer Research Fund, as authorized
15by this amendatory Act of the 97th General Assembly, then he or
16she may do so by stating the amount of the contribution (not
17less than $1) on the return and indicating that the
18contribution will reduce the taxpayer's refund or increase the
19amount of payment to accompany the return. The taxpayer's
20failure to remit any amount of the increased payment reduces
21the contribution accordingly. This Section does not apply to
22any amended return.
 
23    (35 ILCS 5/507BBB new)

 

 

09700SB3320ham001- 10 -LRB097 16527 HLH 69896 a

1    Sec. 507BBB. The Children's Wellness Charities Fund
2checkoff. For taxable years ending on or after December 31,
32012, the Department shall print, on its standard individual
4income tax form, a provision indicating that, if the taxpayer
5wishes to contribute to the Children's Wellness Charities Fund,
6as authorized by this amendatory Act of the 97th General
7Assembly, then he or she may do so by stating the amount of the
8contribution (not less than $1) on the return and indicating
9that the contribution will reduce the taxpayer's refund or
10increase the amount of payment to accompany the return. The
11taxpayer's failure to remit any amount of the increased payment
12reduces the contribution accordingly. This Section does not
13apply to any amended return.
 
14    (35 ILCS 5/507CCC new)
15    Sec. 507CCC. The Housing for Families Fund checkoff. For
16taxable years ending on or after December 31, 2012, the
17Department shall print, on its standard individual income tax
18form, a provision indicating that, if the taxpayer wishes to
19contribute to the Housing for Families Fund, as authorized by
20this amendatory Act of the 97th General Assembly, then he or
21she may do so by stating the amount of the contribution (not
22less than $1) on the return and indicating that the
23contribution will reduce the taxpayer's refund or increase the
24amount of payment to accompany the return. The taxpayer's
25failure to remit any amount of the increased payment reduces

 

 

09700SB3320ham001- 11 -LRB097 16527 HLH 69896 a

1the contribution accordingly. This Section does not apply to
2any amended return.
 
3    (35 ILCS 5/507DDD new)
4    Sec. 507DDD. The Department of Human Services Ambassador
5Program checkoff. For any taxable year ending on or after
6December 31, 2012 in which the General Assembly has authorized
7a Department of Human Services Ambassador pilot program, the
8Department shall print, on its standard individual income tax
9form, a provision indicating that, if the taxpayer wishes to
10contribute to the Department of Human Services Community
11Services Fund, as authorized by this amendatory Act of the 97th
12General Assembly, for the purpose of paying costs associated
13with a Department of Human Services Ambassador pilot program,
14then he or she may do so by stating the amount of the
15contribution (not less than $1) on the return and indicating
16that the contribution will reduce the taxpayer's refund or
17increase the amount of payment to accompany the return. The
18taxpayer's failure to remit any amount of the increased payment
19reduces the contribution accordingly. This Section does not
20apply to any amended return.
21    Moneys deposited into the Department of Human Services
22Community Services Fund as a result of this tax checkoff may be
23used only for costs associated with the Department of Human
24Services Ambassador pilot program.
 

 

 

09700SB3320ham001- 12 -LRB097 16527 HLH 69896 a

1    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
2    Sec. 509. Tax checkoff explanations.
3    (a) All individual income tax return forms shall contain
4appropriate explanations and spaces to enable the taxpayers to
5designate contributions to the funds to which contributions may
6be made under this Article 5.
7    (b) Each form shall contain a statement that the
8contributions will reduce the taxpayer's refund or increase the
9amount of payment to accompany the return. Failure to remit any
10amount of increased payment shall reduce the contribution
11accordingly.
12    (c) If, on October 1 of any year, the total contributions
13to any one of the funds made under this Article 5 do not equal
14$100,000 or more, the explanations and spaces for designating
15contributions to the fund shall be removed from the individual
16income tax return forms for the following and all subsequent
17years and all subsequent contributions to the fund shall be
18refunded to the taxpayer. This contribution requirement does
19not apply to the Diabetes Research Checkoff Fund checkoff
20contained in Section 507GG of this Act.
21    (d) Notwithstanding any other provision of law, the
22Department shall include the Hunger Relief Fund checkoff
23established under Section 507SS on the individual income tax
24form for the taxable year beginning on January 1, 2012. If, on
25October 1, 2013, or on October 1 of any subsequent year, the
26total contributions to the Hunger Relief Fund checkoff do not

 

 

09700SB3320ham001- 13 -LRB097 16527 HLH 69896 a

1equal $100,000 or more, the explanations and spaces for
2designating contributions to the fund shall be removed from the
3individual income tax return forms for the following and all
4subsequent years and all subsequent contributions to the fund
5shall be refunded to the taxpayer.
6(Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07;
795-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff.
88-11-09.)
 
9    (35 ILCS 5/509.1)
10    Sec. 509.1. Removal of excess tax-checkoff funds.
11Notwithstanding any provisions of this Act to the contrary,
12beginning on the effective date of this amendatory Act of the
1395th General Assembly, there may not be more than 15
14tax-checkoff funds contained on the individual tax return form
15at any one time. Each year, the Department shall determine
16whether the sum of (i) the number of new tax-checkoff funds
17created by the General Assembly during that year plus (ii) the
18number of tax-checkoff funds that collected at least $100,000
19during the previous year exceeds 15. If so, then the Department
20shall remove a number of tax-checkoff funds that were on the
21return during the previous year that is equal to the sum of
22items (i) and (ii) minus 15, starting with the tax-checkoff
23fund that received the least amount of contributions and
24working upward until a sufficient number of funds have been
25removed. The Hunger Relief Fund checkoff established under

 

 

09700SB3320ham001- 14 -LRB097 16527 HLH 69896 a

1Section 507SS shall be included among the 15 tax-checkoff funds
2as provided in subsection (d) of Section 509 of this Act.
3    For taxable years ending on or after December 31, 2012, the
4Diabetes Research Checkoff Fund checkoff contained in Section
5507GG of this Act shall be included on the individual tax
6return form notwithstanding the provisions of this Section. The
7Diabetes Research Checkoff Fund checkoff shall not be included
8when calculating the 15 tax-checkoff fund limitation set forth
9in this Section.
10(Source: P.A. 95-435, eff. 8-27-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".