Full Text of SB3320 97th General Assembly
SB3320ham001 97TH GENERAL ASSEMBLY | Rep. Cynthia Soto Filed: 5/22/2012
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| 1 | | AMENDMENT TO SENATE BILL 3320
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3320 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 1-50 as follows: | 6 | | (20 ILCS 1305/1-50) | 7 | | Sec. 1-50. Department of Human Services Community Services | 8 | | Fund. | 9 | | (a) The Department of Human Services Community Services | 10 | | Fund is created in the State treasury as a special fund. | 11 | | (b) The Fund is created for the purpose of receiving and | 12 | | disbursing moneys in accordance with this Section. | 13 | | Disbursements from the Fund shall be made, subject to | 14 | | appropriation, for payment of expenses incurred by the | 15 | | Department of Human Services in support of the Department's | 16 | | rebalancing services or for any Department of Human Services |
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| 1 | | Ambassador pilot program authorized by the General Assembly on | 2 | | or after the effective date of this amendatory Act of the 97th | 3 | | General 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 | 16 | | Section 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 | 20 | | scratch-off game with the title of "Quality of Life". The game | 21 | | shall commence on July 1, 2007 or as soon thereafter, in the | 22 | | discretion of the Superintendent, as is reasonably practical, | 23 | | and shall be discontinued on December 31, 2017 2012 . The | 24 | | operation of the game is governed by this Act and by any rules |
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| 1 | | adopted by the Department. The Department must consult with the | 2 | | Quality of Life Board, which is established under Section | 3 | | 2310-348 of the Department of Public Health Powers and Duties | 4 | | Law of the
Civil Administrative Code of Illinois, regarding the | 5 | | design and promotion of the game. If any provision of this | 6 | | Section is inconsistent with any other provision of this Act, | 7 | | then this Section governs. | 8 | | (b) The Quality of Life Endowment Fund is created as a | 9 | | special fund in the State treasury. The net revenue from the | 10 | | Quality of Life special instant scratch-off game must be | 11 | | deposited into the Fund for appropriation by the General | 12 | | Assembly solely to the Department of Public Health for the | 13 | | purpose of HIV/AIDS-prevention education and for making grants | 14 | | to public or private entities in Illinois for the purpose of | 15 | | funding organizations that serve the highest at-risk | 16 | | categories for contracting HIV or developing AIDS. Grants shall | 17 | | be targeted to serve at-risk populations in proportion to the | 18 | | distribution of recent reported Illinois HIV/AIDS cases among | 19 | | risk groups as reported by the Illinois Department of Public | 20 | | Health. The recipient organizations must be engaged in | 21 | | HIV/AIDS-prevention education and HIV/AIDS healthcare | 22 | | treatment. The Department must, before grants are awarded, | 23 | | provide copies of all grant applications to the Quality of Life | 24 | | Board, receive and review the Board's recommendations and | 25 | | comments, and consult with the Board regarding the grants. | 26 | | Organizational size will determine an organization's |
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| 1 | | competitive slot in the "Request for Proposal" process. | 2 | | Organizations with an annual budget of $300,000 or less will | 3 | | compete with like size organizations for 50% of the Quality of | 4 | | Life annual fund. Organizations with an annual budget of | 5 | | $300,001 to $700,000 will compete with like organizations for | 6 | | 25% of the Quality of Life annual fund, and organizations with | 7 | | an annual budget of $700,001 and upward will compete with like | 8 | | organizations for 25% of the Quality of Life annual fund. The | 9 | | lottery may designate a percentage of proceeds for marketing | 10 | | purpose. The grant funds may not be used for institutional, | 11 | | organizational, or community-based overhead costs, indirect | 12 | | costs, or levies. | 13 | | Grants awarded from the Fund are intended to augment the | 14 | | current and future State funding for the prevention and | 15 | | treatment of HIV/AIDS and are not intended to replace that | 16 | | funding.
| 17 | | Moneys received for the purposes of this Section, | 18 | | including, without limitation, net revenue from the special | 19 | | instant scratch-off game and gifts, grants, and awards from any | 20 | | public or private entity, must be deposited into the Fund. Any | 21 | | interest earned on moneys in the Fund must be deposited into | 22 | | the Fund. | 23 | | For purposes of this subsection, "net revenue" means the | 24 | | total amount for which tickets have been sold less the sum of | 25 | | the amount paid out in prizes and the actual administrative | 26 | | expenses of the Department solely related to the Quality of |
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| 1 | | Life game. | 2 | | (c) During the time that tickets are sold for the Quality | 3 | | of Life game, the Department shall not unreasonably diminish | 4 | | the efforts devoted to marketing any other instant scratch-off | 5 | | lottery game. | 6 | | (d) The Department may adopt any rules necessary to | 7 | | implement and administer the provisions of this Section in | 8 | | consultation 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 | 11 | | Duties Law of the
Civil Administrative Code of Illinois is | 12 | | amended 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 | 16 | | board within the Department. The Board shall consist of 11 | 17 | | members as follows: 2 members appointed by the President of the | 18 | | Senate; one member appointed by the Minority Leader of the | 19 | | Senate; 2 members appointed by the Speaker of the House of | 20 | | Representatives; one member appointed by the Minority Leader of | 21 | | the House of Representatives; 2 members appointed by the | 22 | | Governor, one of whom shall be designated as chair of the Board | 23 | | at the time of appointment; and 3 members appointed by the | 24 | | Director who represent organizations that advocate for the |
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| 1 | | healthcare needs of the first and second highest HIV/AIDS risk | 2 | | groups, one each from the northern Illinois region, the central | 3 | | Illinois region, and the southern Illinois region. | 4 | | The Board members shall serve one 2-year term. If a vacancy | 5 | | occurs in the Board membership, the vacancy shall be filled in | 6 | | the same manner as the initial appointment. | 7 | | (b) Board members shall serve without compensation but may | 8 | | be reimbursed for their reasonable travel expenses from funds | 9 | | appropriated for that purpose. The Department shall provide | 10 | | staff 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.) |
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| 1 | | Section 20. The State Finance Act is amended by adding | 2 | | Sections 5.811, 5.812, 5.813, 6z-93, 6z-94, and 6z-95 as | 3 | | follows: | 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 | 12 | | Childhood Cancer Research Fund is created as a special fund in | 13 | | the State treasury. Moneys in the fund shall be used by the | 14 | | Department of Public Health to make grants to public or private | 15 | | not-for-profit entities for the purpose of conducting | 16 | | childhood cancer research. For the purposes of this Section, | 17 | | "research" includes, but is not limited to, expenditures to | 18 | | develop and advance the understanding, techniques, and | 19 | | modalities effective in early detection, prevention, cure, | 20 | | screening, and treatment of childhood cancer and may include | 21 | | clinical trials. The grant funds may not be used for |
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| 1 | | institutional overhead costs, indirect costs, other | 2 | | organizational levies, or costs of community-based support | 3 | | services. | 4 | | (30 ILCS 105/6z-94 new) | 5 | | Sec. 6z-94. The Children's Wellness Charities Fund; | 6 | | creation. The Children's Wellness Charities Fund is created as | 7 | | a special fund in the State treasury. Moneys in the Fund shall | 8 | | be used by the Department of Human Services to make grants to | 9 | | public or private not-for-profit entities for the purpose of | 10 | | administering grants to children's health and well-being | 11 | | charities located in Illinois. For the purposes of this | 12 | | Section, "children's health and well-being charities" include, | 13 | | but are not limited to, charities that provide mobile care | 14 | | centers, free or low-cost lodging, or other services to assist | 15 | | children who are being treated for illnesses and their | 16 | | families. For the purposes of this Section, "mobile care | 17 | | center" means any vehicle built specifically for delivering | 18 | | pediatric health care services. | 19 | | (30 ILCS 105/6z-95 new) | 20 | | Sec. 6z-95. The Housing for Families Fund; creation. The | 21 | | Housing for Families Fund is created as a special fund in the | 22 | | State treasury. Moneys in the Fund shall be used by the | 23 | | Department of Human Services to make grants to public or | 24 | | private not-for-profit entities for the purpose of building new |
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| 1 | | housing for low income, working poor, disabled, low credit, and | 2 | | no credit families. For the purposes of this section "low | 3 | | income", "working poor", "disabled", "low credit", and "no | 4 | | credit families" shall be defined by the Department of Human | 5 | | Services by rule. | 6 | | Section 25. The Illinois Income Tax Act is amended by | 7 | | changing Sections 509 and 509.1 and by adding Sections 507AAA, | 8 | | 507BBB, 507CCC, and 507DDD as follows: | 9 | | (35 ILCS 5/507AAA new) | 10 | | Sec. 507AAA. The Childhood Cancer Research Fund checkoff. | 11 | | For taxable years ending on or after December 31, 2012, the | 12 | | Department shall print, on its standard individual income tax | 13 | | form, a provision indicating that, if the taxpayer wishes to | 14 | | contribute to the Childhood Cancer Research Fund, as authorized | 15 | | by this amendatory Act of the 97th General Assembly, then he or | 16 | | she may do so by stating the amount of the contribution (not | 17 | | less than $1) on the return and indicating that the | 18 | | contribution will reduce the taxpayer's refund or increase the | 19 | | amount of payment to accompany the return. The taxpayer's | 20 | | failure to remit any amount of the increased payment reduces | 21 | | the contribution accordingly. This Section does not apply to | 22 | | any amended return. | 23 | | (35 ILCS 5/507BBB new) |
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| 1 | | Sec. 507BBB. The Children's Wellness Charities Fund | 2 | | checkoff. For taxable years ending on or after December 31, | 3 | | 2012, the Department shall print, on its standard individual | 4 | | income tax form, a provision indicating that, if the taxpayer | 5 | | wishes to contribute to the Children's Wellness Charities Fund, | 6 | | as authorized by this amendatory Act of the 97th General | 7 | | Assembly, then he or she may do so by stating the amount of the | 8 | | contribution (not less than $1) on the return and indicating | 9 | | that the contribution will reduce the taxpayer's refund or | 10 | | increase the amount of payment to accompany the return. The | 11 | | taxpayer's failure to remit any amount of the increased payment | 12 | | reduces the contribution accordingly. This Section does not | 13 | | apply to any amended return. | 14 | | (35 ILCS 5/507CCC new) | 15 | | Sec. 507CCC. The Housing for Families Fund checkoff. For | 16 | | taxable years ending on or after December 31, 2012, the | 17 | | Department shall print, on its standard individual income tax | 18 | | form, a provision indicating that, if the taxpayer wishes to | 19 | | contribute to the Housing for Families Fund, as authorized by | 20 | | this amendatory Act of the 97th General Assembly, then he or | 21 | | she may do so by stating the amount of the contribution (not | 22 | | less than $1) on the return and indicating that the | 23 | | contribution will reduce the taxpayer's refund or increase the | 24 | | amount of payment to accompany the return. The taxpayer's | 25 | | failure to remit any amount of the increased payment reduces |
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| 1 | | the contribution accordingly. This Section does not apply to | 2 | | any amended return. | 3 | | (35 ILCS 5/507DDD new) | 4 | | Sec. 507DDD. The Department of Human Services Ambassador | 5 | | Program checkoff. For any taxable year ending on or after | 6 | | December 31, 2012 in which the General Assembly has authorized | 7 | | a Department of Human Services Ambassador pilot program, the | 8 | | Department shall print, on its standard individual income tax | 9 | | form, a provision indicating that, if the taxpayer wishes to | 10 | | contribute to the Department of Human Services Community | 11 | | Services Fund, as authorized by this amendatory Act of the 97th | 12 | | General Assembly, for the purpose of paying costs associated | 13 | | with a Department of Human Services Ambassador pilot program, | 14 | | then he or she may do so by stating the amount of the | 15 | | contribution (not less than $1) on the return and indicating | 16 | | that the contribution will reduce the taxpayer's refund or | 17 | | increase the amount of payment to accompany the return. The | 18 | | taxpayer's failure to remit any amount of the increased payment | 19 | | reduces the contribution accordingly. This Section does not | 20 | | apply to any amended return. | 21 | | Moneys deposited into the Department of Human Services | 22 | | Community Services Fund as a result of this tax checkoff may be | 23 | | used only for costs associated with the Department of Human | 24 | | Services Ambassador pilot program.
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| 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 | 4 | | appropriate explanations and spaces to enable the taxpayers to
| 5 | | designate contributions to the funds to which contributions may | 6 | | be made under this Article 5.
| 7 | | (b) Each form shall contain a statement that the | 8 | | contributions will reduce the
taxpayer's refund or increase the | 9 | | amount of payment to accompany the return.
Failure to remit any | 10 | | amount of increased payment shall reduce the contribution
| 11 | | accordingly.
| 12 | | (c) If, on October 1 of any year, the total contributions | 13 | | to any one of the
funds made under this Article 5 do not equal | 14 | | $100,000 or more, the explanations
and spaces for designating | 15 | | contributions to the fund shall be removed from the
individual | 16 | | income tax return forms for the following and all subsequent | 17 | | years
and all subsequent contributions to the fund shall be | 18 | | refunded to the taxpayer. This contribution requirement does | 19 | | not apply to the Diabetes Research Checkoff Fund checkoff | 20 | | contained in Section 507GG of this Act.
| 21 | | (d) Notwithstanding any other provision of law, the | 22 | | Department shall include the Hunger Relief Fund checkoff | 23 | | established under Section 507SS on the individual income tax | 24 | | form for the taxable year beginning on January 1, 2012. If, on | 25 | | October 1, 2013, or on October 1 of any subsequent year, the | 26 | | total contributions to the Hunger Relief Fund checkoff do not |
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| 1 | | equal $100,000 or more, the explanations
and spaces for | 2 | | designating contributions to the fund shall be removed from the
| 3 | | individual income tax return forms for the following and all | 4 | | subsequent years
and all subsequent contributions to the fund | 5 | | shall be refunded to the taxpayer. | 6 | | (Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; | 7 | | 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff. | 8 | | 8-11-09.)
| 9 | | (35 ILCS 5/509.1) | 10 | | Sec. 509.1. Removal of excess tax-checkoff funds. | 11 | | Notwithstanding any provisions of this Act to the contrary, | 12 | | beginning on the effective date of this amendatory Act of the | 13 | | 95th General Assembly, there may not be more than 15 | 14 | | tax-checkoff funds contained on the individual tax return form | 15 | | at any one time. Each year, the Department shall determine | 16 | | whether the sum of (i) the number of new tax-checkoff funds | 17 | | created by the General Assembly during that year plus (ii) the | 18 | | number of tax-checkoff funds that collected at least $100,000 | 19 | | during the previous year exceeds 15. If so, then the Department | 20 | | shall remove a number of tax-checkoff funds that were on the | 21 | | return during the previous year that is equal to the sum of | 22 | | items (i) and (ii) minus 15, starting with the tax-checkoff | 23 | | fund that received the least amount of contributions and | 24 | | working upward until a sufficient number of funds have been | 25 | | removed. The Hunger Relief Fund checkoff established under |
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| 1 | | Section 507SS shall be included among the 15 tax-checkoff funds | 2 | | as provided in subsection (d) of Section 509 of this Act.
| 3 | | For taxable years ending on or after December 31, 2012, the | 4 | | Diabetes Research Checkoff Fund checkoff contained in Section | 5 | | 507GG of this Act shall be included on the individual tax | 6 | | return form notwithstanding the provisions of this Section. The | 7 | | Diabetes Research Checkoff Fund checkoff shall not be included | 8 | | when calculating the 15 tax-checkoff fund limitation set forth | 9 | | in this Section. | 10 | | (Source: P.A. 95-435, eff. 8-27-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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