Full Text of HB0315 95th General Assembly
HB0315ham001 95TH GENERAL ASSEMBLY
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Revenue Committee
Filed: 4/19/2007
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| AMENDMENT TO HOUSE BILL 315
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| AMENDMENT NO. ______. Amend House Bill 315 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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| 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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| (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | 13 |
| revised 8-23-05.)
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| (20 ILCS 1605/20) (from Ch. 120, par. 1170)
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| Sec. 20. State Lottery Fund.
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| (a) There is created in the State Treasury a special fund | 2 |
| to be
known as the "State Lottery Fund". Such fund shall | 3 |
| consist of all revenues
received from (1) the sale of lottery | 4 |
| tickets or shares, (net of
commissions, fees
representing those | 5 |
| expenses that are directly proportionate to the
sale of tickets | 6 |
| or shares at the agent location, and prizes of less
than
$600 | 7 |
| which
have been validly paid at the agent
level), (2) | 8 |
| application fees,
and (3) all other sources including moneys | 9 |
| credited or transferred thereto
from
any other fund
or source | 10 |
| pursuant to law. Interest earnings of the State Lottery Fund
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| shall be credited to the Common School Fund.
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| (b) The receipt and distribution of moneys under Section | 13 |
| 21.5 of this Act shall be in accordance with Section 21.5.
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| (c)
(b) The receipt and distribution of moneys under | 15 |
| Section 21.6 of this Act shall be in accordance with Section | 16 |
| 21.6. | 17 |
| (d) The receipt and distribution of moneys under Section | 18 |
| 21.7 of this Act shall be in accordance with Section 21.7.
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| (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | 20 |
| revised 8-19-05.)
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| (20 ILCS 1605/21.7 new)
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| Sec. 21.7. Quality of Life scratch-off game. | 23 |
| (a) The Department shall offer a special instant | 24 |
| scratch-off game with the title of "Quality of Life". The game | 25 |
| shall commence on July 1, 2007 or as soon thereafter, in the |
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| discretion of the Director, as is reasonably practical, and | 2 |
| shall be discontinued on December 31, 2012. The operation of | 3 |
| the game is governed by this Act and by any rules adopted by | 4 |
| the Department. The Department must consult with the Quality of | 5 |
| Life Board, which is established under Section 2310-348 of the | 6 |
| Department of Public Health Powers and Duties Law of the
Civil | 7 |
| Administrative Code of Illinois, regarding the design and | 8 |
| promotion of the game. If any provision of this Section is | 9 |
| inconsistent with any other provision of this Act, then this | 10 |
| Section governs. | 11 |
| (b) The Quality of Life Endowment Fund is created as a | 12 |
| special fund in the State treasury. The net revenue from the | 13 |
| Quality of Life special instant scratch-off game must be | 14 |
| deposited into the Fund for appropriation by the General | 15 |
| Assembly solely to the Department of Public Health for the | 16 |
| purpose of HIV/AIDS-prevention education and for making grants | 17 |
| to public or private entities in Illinois for the purpose of | 18 |
| funding organizations that serve the highest at-risk | 19 |
| categories for contracting HIV or developing AIDS. Grants shall | 20 |
| be targeted to serve at-risk populations in proportion to the | 21 |
| distribution of recent reported Illinois HIV/AIDS cases among | 22 |
| risk groups as reported by the Illinois Department of Public | 23 |
| Health. The recipient organizations must be engaged in | 24 |
| HIV/AIDS-prevention education and HIV/AIDS healthcare | 25 |
| treatment. The Department must, before grants are awarded, | 26 |
| provide copies of all grant applications to the Quality of Life |
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| Board, receive and review the Board's recommendations and | 2 |
| comments, and consult with the Board regarding the grants. | 3 |
| Organizational size will determine an organization's | 4 |
| competitive slot in the "Request for Proposal" process. | 5 |
| Organizations with an annual budget of $300,000 or less will | 6 |
| compete with like size organizations for 50% of the Quality of | 7 |
| Life annual fund. Organizations with an annual budget of | 8 |
| $300,001 to $700,000 will compete with like organizations for | 9 |
| 25% of the Quality of Life annual fund, and organizations with | 10 |
| an annual budget of $700,001 and upward will compete with like | 11 |
| organizations for 25% of the Quality of Life annual fund. The | 12 |
| lottery may designate a percentage of proceeds for marketing | 13 |
| purpose. The grant funds may not be used for institutional, | 14 |
| organizational, or community-based overhead costs, indirect | 15 |
| costs, or levies. | 16 |
| Moneys received for the purposes of this Section, | 17 |
| including, without limitation, net revenue from the special | 18 |
| instant scratch-off game and gifts, grants, and awards from any | 19 |
| public or private entity, must be deposited into the Fund. Any | 20 |
| interest earned on moneys in the Fund must be deposited into | 21 |
| the Fund. | 22 |
| For purposes of this subsection, "net revenue" means the | 23 |
| total amount for which tickets have been sold less the sum of | 24 |
| the amount paid out in prizes and the actual administrative | 25 |
| expenses of the Department solely related to the Quality of | 26 |
| Life game. |
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| (c) During the time that tickets are sold for the Quality | 2 |
| of Life game, the Department shall not unreasonably diminish | 3 |
| the efforts devoted to marketing any other instant scratch-off | 4 |
| lottery game. | 5 |
| (d) The Department may adopt any rules necessary to | 6 |
| implement and administer the provisions of this Section in | 7 |
| consultation with the Quality of Life Board.
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| Section 10. The Department of Public Health Powers and | 9 |
| Duties Law of the
Civil Administrative Code of Illinois is | 10 |
| amended by adding Section 2310-348 as follows: | 11 |
| (20 ILCS 2310/2310-348 new)
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| Sec. 2310-348. The Quality of Life Board. | 13 |
| (a) The Quality of Life Board is created as an advisory | 14 |
| board within the Department. The Board shall consist of 11 | 15 |
| members as follows: 2 members appointed by the President of the | 16 |
| Senate; one member appointed by the Minority Leader of the | 17 |
| Senate; 2 members appointed by the Speaker of the House of | 18 |
| Representatives; one members appointed by the Minority Leader | 19 |
| of the House of Representatives; 2 members appointed by the | 20 |
| Governor, one of whom shall be designated as chair of the Board | 21 |
| at the time of appointment; and 3 members appointed by the | 22 |
| Director who represent organizations that advocate for the | 23 |
| healthcare needs of the first and second highest HIV/AIDS risk | 24 |
| groups, one each from the northern Illinois region, the central |
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| Illinois region, and the southern Illinois region. | 2 |
| The Board members shall serve one 2-year term. If a vacancy | 3 |
| occurs in the Board membership, the vacancy shall be filled in | 4 |
| the same manner as the initial appointment. | 5 |
| (b) Board members shall serve without compensation but may | 6 |
| be reimbursed for their reasonable travel expenses from funds | 7 |
| appropriated for that purpose. The Department shall provide | 8 |
| staff and administrative support services to the Board. | 9 |
| (c) The Board must: | 10 |
| (i) consult with the Department of Revenue in designing | 11 |
| and promoting the Quality of Life special instant | 12 |
| scratch-off lottery game; and | 13 |
| (ii) review grant applications, make recommendations | 14 |
| and comments, and consult with the Department of Public | 15 |
| Health in making grants, from amounts appropriated from the | 16 |
| Quality of Life Endowment Fund, to public or private | 17 |
| entities in Illinois for the purpose of | 18 |
| HIV/AIDS-prevention education and for making grants to | 19 |
| public or private entities in Illinois for the purpose of | 20 |
| funding organizations that serve the highest at-risk | 21 |
| categories for contracting HIV or developing AIDS in | 22 |
| accordance with Section 21.7 of the Illinois Lottery Law. | 23 |
| (d) The Board is discontinued on June 30, 2013.
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| Section 15. The State Finance Act is amended by changing | 25 |
| Section 8h and by adding Section
5.675 as follows:
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| (30 ILCS 105/5.675 new) | 2 |
| Sec. 5.675. The Quality of Life Endowment Fund. | 3 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 5 |
| (a) Except as otherwise provided in this Section and | 6 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 7 |
| any other
State law to the contrary, the Governor
may, through | 8 |
| June 30, 2007, from time to time direct the State Treasurer and | 9 |
| Comptroller to transfer
a specified sum from any fund held by | 10 |
| the State Treasurer to the General
Revenue Fund in order to | 11 |
| help defray the State's operating costs for the
fiscal year. | 12 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 14 |
| revenues to be deposited
into the fund during that fiscal year | 15 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 16 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 17 |
| 2005 only, prior to calculating the July 1, 2004 final | 18 |
| balances, the Governor may calculate and direct the State | 19 |
| Treasurer with the Comptroller to transfer additional amounts | 20 |
| determined by applying the formula authorized in Public Act | 21 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 22 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 24 |
| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be | 2 |
| expended for that fiscal year. This Section does not apply to | 3 |
| any
funds that are restricted by federal law to a specific use, | 4 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 5 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 6 |
| Provider Relief Fund, the Teacher Health Insurance Security | 7 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 8 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 9 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 10 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 11 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 12 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 13 |
| Facility Development and Operation Fund, the Horse Racing | 14 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 15 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 16 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 17 |
| transfers may be made under this Section from the Pet | 18 |
| Population Control Fund. Notwithstanding any
other provision | 19 |
| of this Section, for fiscal year 2004,
the total transfer under | 20 |
| this Section from the Road Fund or the State
Construction | 21 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 22 |
| revenues to be deposited
into the fund during that fiscal year | 23 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 24 |
| year 2005 through fiscal year 2007, no amounts may be | 25 |
| transferred under this Section from the Road Fund, the State | 26 |
| Construction Account Fund, the Criminal Justice Information |
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| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 2 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 4 |
| Governor
may include receipts, transfers into the fund, and | 5 |
| other
resources anticipated to be available in the fund in that | 6 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 8 |
| amounts designated
under this Section as soon as may be | 9 |
| practicable after receiving the direction
to transfer from the | 10 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 12 |
| or before February 28, 2006 that are still pending on May 19, | 13 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 14 |
| Act of the 94th General Assembly shall be redirected as | 15 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 17 |
| Cure Fund; (ii) any fund established under the Community Senior | 18 |
| Services and Resources Act; or (iii) on or after January 1, | 19 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 20 |
| and Day and Temporary Labor Enforcement Fund. | 21 |
| (c) This Section does not apply to the Demutualization | 22 |
| Trust Fund established under the Uniform Disposition of | 23 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 25 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 26 |
| scholarships and residency programs under the Podiatric |
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| Scholarship and Residency Act. | 2 |
| (e) Subsection (a) does not apply to, and no transfer may | 3 |
| be made under this Section from, the Pension Stabilization | 4 |
| Fund.
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| (f) This Section does not apply to the Quality of Life | 6 |
| Endowment Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 8 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 9 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 10 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 11 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 12 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 13 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 14 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 15 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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