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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Lottery Law is amended by changing | ||||||
5 | Sections 2 and 20 and by adding Section 21.7 as follows:
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6 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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7 | Sec. 2. This Act is enacted to implement and establish | ||||||
8 | within the State
a lottery to be operated by the State, the | ||||||
9 | entire net proceeds of which
are to be used for the support of | ||||||
10 | the State's Common School Fund,
except as provided in Sections | ||||||
11 | 21.2 ,
and 21.5 ,
and 21.6 , and 21.7 .
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12 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
13 | revised 8-23-05.)
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14 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
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15 | Sec. 20. State Lottery Fund.
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16 | (a) There is created in the State Treasury a special fund | ||||||
17 | to be
known as the "State Lottery Fund". Such fund shall | ||||||
18 | consist of all revenues
received from (1) the sale of lottery | ||||||
19 | tickets or shares, (net of
commissions, fees
representing those | ||||||
20 | expenses that are directly proportionate to the
sale of tickets | ||||||
21 | or shares at the agent location, and prizes of less
than
$600 | ||||||
22 | which
have been validly paid at the agent
level), (2) |
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1 | application fees,
and (3) all other sources including moneys | ||||||
2 | credited or transferred thereto
from
any other fund
or source | ||||||
3 | pursuant to law. Interest earnings of the State Lottery Fund
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4 | shall be credited to the Common School Fund.
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5 | (b) The receipt and distribution of moneys under Section | ||||||
6 | 21.5 of this Act shall be in accordance with Section 21.5.
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7 | (c)
(b) The receipt and distribution of moneys under | ||||||
8 | Section 21.6 of this Act shall be in accordance with Section | ||||||
9 | 21.6. | ||||||
10 | (d) The receipt and distribution of moneys under Section | ||||||
11 | 21.7 of this Act shall be in accordance with Section 21.7.
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12 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
13 | revised 8-19-05.)
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14 | (20 ILCS 1605/21.7 new)
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15 | Sec. 21.7. Quality of Life scratch-off game. | ||||||
16 | (a) The Department shall offer a special instant | ||||||
17 | scratch-off game with the title of "Quality of Life". The game | ||||||
18 | shall commence on July 1, 2007 or as soon thereafter, in the | ||||||
19 | discretion of the Director, as is reasonably practical, and | ||||||
20 | shall be discontinued on December 31, 2012. The operation of | ||||||
21 | the game is governed by this Act and by any rules adopted by | ||||||
22 | the Department. The Department must consult with the Quality of | ||||||
23 | Life Board, which is established under Section 2310-348 of the | ||||||
24 | Department of Public Health Powers and Duties Law of the
Civil | ||||||
25 | Administrative Code of Illinois, regarding the design and |
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1 | promotion of the game. If any provision of this Section is | ||||||
2 | inconsistent with any other provision of this Act, then this | ||||||
3 | Section governs. | ||||||
4 | (b) The Quality of Life Endowment Fund is created as a | ||||||
5 | special fund in the State treasury. The net revenue from the | ||||||
6 | Quality of Life special instant scratch-off game must be | ||||||
7 | deposited into the Fund for appropriation by the General | ||||||
8 | Assembly solely to the Department of Public Health for the | ||||||
9 | purpose of HIV/AIDS-prevention education and for making grants | ||||||
10 | to public or private entities in Illinois for the purpose of | ||||||
11 | funding organizations that serve the highest at-risk | ||||||
12 | categories for contracting HIV or developing AIDS. Grants shall | ||||||
13 | be targeted to serve at-risk populations in proportion to the | ||||||
14 | distribution of recent reported Illinois HIV/AIDS cases among | ||||||
15 | risk groups as reported by the Illinois Department of Public | ||||||
16 | Health. The recipient organizations must be engaged in | ||||||
17 | HIV/AIDS-prevention education and HIV/AIDS healthcare | ||||||
18 | treatment. The Department must, before grants are awarded, | ||||||
19 | provide copies of all grant applications to the Quality of Life | ||||||
20 | Board, receive and review the Board's recommendations and | ||||||
21 | comments, and consult with the Board regarding the grants. | ||||||
22 | Organizational size will determine an organization's | ||||||
23 | competitive slot in the "Request for Proposal" process. | ||||||
24 | Organizations with an annual budget of $300,000 or less will | ||||||
25 | compete with like size organizations for 50% of the Quality of | ||||||
26 | Life annual fund. Organizations with an annual budget of |
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1 | $300,001 to $700,000 will compete with like organizations for | ||||||
2 | 25% of the Quality of Life annual fund, and organizations with | ||||||
3 | an annual budget of $700,001 and upward will compete with like | ||||||
4 | organizations for 25% of the Quality of Life annual fund. The | ||||||
5 | lottery may designate a percentage of proceeds for marketing | ||||||
6 | purposes. The grant funds may not be used for institutional, | ||||||
7 | organizational, or community-based overhead costs, indirect | ||||||
8 | costs, or levies. | ||||||
9 | Moneys received for the purposes of this Section, | ||||||
10 | including, without limitation, net revenue from the special | ||||||
11 | instant scratch-off game and gifts, grants, and awards from any | ||||||
12 | public or private entity, must be deposited into the Fund. Any | ||||||
13 | interest earned on moneys in the Fund must be deposited into | ||||||
14 | the Fund. | ||||||
15 | For purposes of this subsection, "net revenue" means the | ||||||
16 | total amount for which tickets have been sold less the sum of | ||||||
17 | the amount paid out in prizes and the actual administrative | ||||||
18 | expenses of the Department solely related to the Quality of | ||||||
19 | Life game. | ||||||
20 | (c) During the time that tickets are sold for the Quality | ||||||
21 | of Life game, the Department shall not unreasonably diminish | ||||||
22 | the efforts devoted to marketing any other instant scratch-off | ||||||
23 | lottery game. | ||||||
24 | (d) The Department may adopt any rules necessary to | ||||||
25 | implement and administer the provisions of this Section in | ||||||
26 | consultation with the Quality of Life Board.
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1 | Section 10. The Department of Public Health Powers and | ||||||
2 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by adding Section 2310-348 as follows: | ||||||
4 | (20 ILCS 2310/2310-348 new)
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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 |
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1 | staff and administrative support services to the Board. | ||||||
2 | (c) The Board must: | ||||||
3 | (i) consult with the Department of Revenue in designing | ||||||
4 | and promoting the Quality of Life special instant | ||||||
5 | scratch-off lottery game; and | ||||||
6 | (ii) review grant applications, make recommendations | ||||||
7 | and comments, and consult with the Department of Public | ||||||
8 | Health in making grants, from amounts appropriated from the | ||||||
9 | Quality of Life Endowment Fund, to public or private | ||||||
10 | entities in Illinois for the purpose of | ||||||
11 | HIV/AIDS-prevention education and for making grants to | ||||||
12 | public or private entities in Illinois for the purpose of | ||||||
13 | funding organizations that serve the highest at-risk | ||||||
14 | categories for contracting HIV or developing AIDS in | ||||||
15 | accordance with Section 21.7 of the Illinois Lottery Law. | ||||||
16 | (d) The Board is discontinued on June 30, 2013.
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17 | Section 15. The State Finance Act is amended by changing | ||||||
18 | Section 8h and by adding Section
5.675 as follows:
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19 | (30 ILCS 105/5.675 new) | ||||||
20 | Sec. 5.675. The Quality of Life Endowment Fund. | ||||||
21 | (30 ILCS 105/8h)
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22 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
23 | (a) Except as otherwise provided in this Section and |
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1 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
2 | any other
State law to the contrary, the Governor
may, through | ||||||
3 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
4 | Comptroller to transfer
a specified sum from any fund held by | ||||||
5 | the State Treasurer to the General
Revenue Fund in order to | ||||||
6 | help defray the State's operating costs for the
fiscal year. | ||||||
7 | The total transfer under this Section from any fund in any
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8 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
9 | revenues to be deposited
into the fund during that fiscal year | ||||||
10 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
11 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
12 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
13 | balances, the Governor may calculate and direct the State | ||||||
14 | Treasurer with the Comptroller to transfer additional amounts | ||||||
15 | determined by applying the formula authorized in Public Act | ||||||
16 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
17 | be made from a fund under this Section that would have the
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18 | effect of reducing the available balance in the fund to an | ||||||
19 | amount less than
the amount remaining unexpended and unreserved | ||||||
20 | from the total appropriation
from that fund estimated to be | ||||||
21 | expended for that fiscal year. This Section does not apply to | ||||||
22 | any
funds that are restricted by federal law to a specific use, | ||||||
23 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
24 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
25 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
26 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
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1 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
2 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
3 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
4 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
5 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
6 | Facility Development and Operation Fund, the Horse Racing | ||||||
7 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
8 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
9 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
10 | transfers may be made under this Section from the Pet | ||||||
11 | Population Control Fund. Notwithstanding any
other provision | ||||||
12 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
13 | this Section from the Road Fund or the State
Construction | ||||||
14 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
15 | revenues to be deposited
into the fund during that fiscal year | ||||||
16 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
17 | year 2005 through fiscal year 2007, no amounts may be | ||||||
18 | transferred under this Section from the Road Fund, the State | ||||||
19 | Construction Account Fund, the Criminal Justice Information | ||||||
20 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
21 | Mandatory Arbitration Fund.
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22 | In determining the available balance in a fund, the | ||||||
23 | Governor
may include receipts, transfers into the fund, and | ||||||
24 | other
resources anticipated to be available in the fund in that | ||||||
25 | fiscal year.
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26 | The State Treasurer and Comptroller shall transfer the |
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1 | amounts designated
under this Section as soon as may be | ||||||
2 | practicable after receiving the direction
to transfer from the | ||||||
3 | Governor.
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4 | (a-5) Transfers directed to be made under this Section on | ||||||
5 | or before February 28, 2006 that are still pending on May 19, | ||||||
6 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
7 | Act of the 94th General Assembly shall be redirected as | ||||||
8 | provided in Section 8n of this Act.
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9 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
10 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
11 | Services and Resources Act; or (iii) on or after January 1, | ||||||
12 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
13 | and Day and Temporary Labor Enforcement Fund. | ||||||
14 | (c) This Section does not apply to the Demutualization | ||||||
15 | Trust Fund established under the Uniform Disposition of | ||||||
16 | Unclaimed Property Act.
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17 | (d) This Section does not apply to moneys set aside in the | ||||||
18 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
19 | scholarships and residency programs under the Podiatric | ||||||
20 | Scholarship and Residency Act. | ||||||
21 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
22 | be made under this Section from, the Pension Stabilization | ||||||
23 | Fund.
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24 | (f) This Section does not apply to the Quality of Life | ||||||
25 | Endowment Fund.
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26 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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1 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
2 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
3 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
4 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
5 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
6 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
7 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
8 | eff. 6-6-06; revised 6-19-06.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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