Public Act 097-1117
 
SB3320 EnrolledLRB097 16527 HLH 61696 b

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