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Public Act 097-1117
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| SB3320 Enrolled | LRB097 16527 HLH 61696 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Illinois Lottery Law is amended by changing |
Section 21.8 as follows:
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(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 |
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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, |
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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.
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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.
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(Source: P.A. 97-464, eff. 10-15-11.)
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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:
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(20 ILCS 2310/2310-348)
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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. |
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(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.
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(Source: P.A. 97-464, eff. 10-15-11.)
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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:
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(30 ILCS 105/5.811 new) |
Sec. 5.811. The Childhood Cancer Research Fund.
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(30 ILCS 105/5.812 new) |
Sec. 5.812. The Children's Wellness Charities Fund.
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(30 ILCS 105/5.813 new) |
Sec. 5.813. The Housing for Families Fund.
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(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.
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(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 |
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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.
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(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.
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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:
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(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.
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(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 |
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taxpayer's failure to remit any amount of the increased payment |
reduces the contribution accordingly. This Section does not |
apply to any amended return.
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(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.
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(35 ILCS 5/509) (from Ch. 120, par. 5-509)
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Sec. 509. Tax checkoff explanations. |
(a) All individual income tax return forms
shall contain |
appropriate explanations and spaces to enable the taxpayers to
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designate contributions to the funds to which contributions may |
be made under this Article 5.
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(b) Each form shall contain a statement that the |
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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
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accordingly.
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(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.
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(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
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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. |
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8-11-09.)
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(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.
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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 |