Illinois General Assembly - Full Text of HB0420
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Full Text of HB0420  95th General Assembly



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1     AN ACT concerning transportation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Lottery Law is amended by changing
5 Sections 2 and 20 and by adding Section 21.7 as follows:
6     (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
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.
12 (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05;
13 revised 8-23-05.)
14     (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
15     Sec. 20. State Lottery Fund.
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
4 shall be credited to the Common School Fund.
5     (b) The receipt and distribution of moneys under Section
6 21.5 of this Act shall be in accordance with Section 21.5.
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.
12 (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05;
13 revised 8-19-05.)
14     (20 ILCS 1605/21.7 new)
15     Sec. 21.7. Go For The Gold scratch-off game.
16     (a) The Department shall offer a special instant
17 scratch-off game with the title of "Go For The Gold". The game
18 must commence on July 1, 2007 or as soon thereafter, at the
19 discretion of the Director, as is reasonably practical. The
20 operation of the game is governed by this Act and by any rules
21 adopted by the Department. If any provision of this Section is
22 inconsistent with any other provision of this Act, then this
23 Section governs.
24     (b) The net revenue from the Go For The Gold special
25 instant scratch-off game must be deposited into the Special



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1 Olympics Illinois Fund for appropriation by the General
2 Assembly solely to the Department of Human Services, which must
3 distribute the moneys to Special Olympics Illinois to support
4 the statewide training, competitions, and programs for present
5 and future Special Olympics athletes. The moneys may not be
6 used for institutional, organizational, or community-based
7 overhead costs, indirect costs, or levies.
8     Moneys received for the purposes of this Section,
9 including, without limitation, net revenue from the special
10 instant scratch-off game and gifts, grants, and awards from any
11 public or private entity, must be deposited into the Fund. Any
12 interest earned on moneys in the Fund must be deposited into
13 the Fund.
14     For purposes of this subsection, "net revenue" means the
15 total amount for which tickets have been sold less the sum of
16 the amount paid out in prizes and the actual administrative
17 expenses of the Department solely related to the Go For The
18 Gold game.
19     (c) During the time that tickets are sold for the Go For
20 The Gold game, the Department shall not unreasonably diminish
21 the efforts devoted to marketing any other instant scratch-off
22 lottery game.
23     (d) The Department may adopt any rules necessary to
24 implement and administer the provisions of this Section.
25     Section 10. The Department of Human Services (Mental Health



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1 and Developmental Disabilities) Law of the Civil
2 Administrative Code of Illinois is amended by changing Section
3 1710-100 as follows:
4     (20 ILCS 1710/1710-100)  (was 20 ILCS 1710/53d)
5     Sec. 1710-100. Grants to Illinois Special Olympics
6 Illinois. The Department shall make grants to the Illinois
7 Special Olympics Illinois for area and statewide athletic
8 competitions from appropriations to the Department from the
9 Illinois Special Olympics Illinois Checkoff Fund, a special
10 fund created in the State treasury.
11 (Source: P.A. 91-239, eff. 1-1-00.)
12     Section 15. The State Finance Act is amended by changing
13 Sections 5.361 and 8h as follows:
14     (30 ILCS 105/5.361)
15     Sec. 5.361. The Illinois Special Olympics Illinois
16 Checkoff Fund.
17 (Source: P.A. 88-459; 88-670, eff. 12-2-94.)
18     (30 ILCS 105/8h)
19     Sec. 8h. Transfers to General Revenue Fund.
20     (a) Except as otherwise provided in this Section and
21 Section 8n of this Act, and (c), (d), or (e), notwithstanding
22 any other State law to the contrary, the Governor may, through



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1 June 30, 2007, from time to time direct the State Treasurer and
2 Comptroller to transfer a specified sum from any fund held by
3 the State Treasurer to the General Revenue Fund in order to
4 help defray the State's operating costs for the fiscal year.
5 The total transfer under this Section from any fund in any
6 fiscal year shall not exceed the lesser of (i) 8% of the
7 revenues to be deposited into the fund during that fiscal year
8 or (ii) an amount that leaves a remaining fund balance of 25%
9 of the July 1 fund balance of that fiscal year. In fiscal year
10 2005 only, prior to calculating the July 1, 2004 final
11 balances, the Governor may calculate and direct the State
12 Treasurer with the Comptroller to transfer additional amounts
13 determined by applying the formula authorized in Public Act
14 93-839 to the funds balances on July 1, 2003. No transfer may
15 be made from a fund under this Section that would have the
16 effect of reducing the available balance in the fund to an
17 amount less than the amount remaining unexpended and unreserved
18 from the total appropriation from that fund estimated to be
19 expended for that fiscal year. This Section does not apply to
20 any funds that are restricted by federal law to a specific use,
21 to any funds in the Motor Fuel Tax Fund, the Intercity
22 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
23 Provider Relief Fund, the Teacher Health Insurance Security
24 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
25 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
26 the Lawyers' Assistance Program Fund, the Supreme Court Federal



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1 Projects Fund, the Supreme Court Special State Projects Fund,
2 the Supplemental Low-Income Energy Assistance Fund, the Good
3 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste
4 Facility Development and Operation Fund, the Horse Racing
5 Equity Trust Fund, or the Hospital Basic Services Preservation
6 Fund, or to any funds to which subsection (f) of Section 20-40
7 of the Nursing and Advanced Practice Nursing Act applies. No
8 transfers may be made under this Section from the Pet
9 Population Control Fund. Notwithstanding any other provision
10 of this Section, for fiscal year 2004, the total transfer under
11 this Section from the Road Fund or the State Construction
12 Account Fund shall not exceed the lesser of (i) 5% of the
13 revenues to be deposited into the fund during that fiscal year
14 or (ii) 25% of the beginning balance in the fund. For fiscal
15 year 2005 through fiscal year 2007, no amounts may be
16 transferred under this Section from the Road Fund, the State
17 Construction Account Fund, the Criminal Justice Information
18 Systems Trust Fund, the Wireless Service Emergency Fund, or the
19 Mandatory Arbitration Fund.
20     In determining the available balance in a fund, the
21 Governor may include receipts, transfers into the fund, and
22 other resources anticipated to be available in the fund in that
23 fiscal year.
24     The State Treasurer and Comptroller shall transfer the
25 amounts designated under this Section as soon as may be
26 practicable after receiving the direction to transfer from the



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1 Governor.
2     (a-5) Transfers directed to be made under this Section on
3 or before February 28, 2006 that are still pending on May 19,
4 2006 (the effective date of Public Act 94-774) this amendatory
5 Act of the 94th General Assembly shall be redirected as
6 provided in Section 8n of this Act.
7     (b) This Section does not apply to: (i) the Ticket For The
8 Cure Fund; (ii) any fund established under the Community Senior
9 Services and Resources Act; or (iii) on or after January 1,
10 2006 (the effective date of Public Act 94-511), the Child Labor
11 and Day and Temporary Labor Enforcement Fund.
12     (c) This Section does not apply to the Demutualization
13 Trust Fund established under the Uniform Disposition of
14 Unclaimed Property Act.
15     (d) This Section does not apply to moneys set aside in the
16 Illinois State Podiatric Disciplinary Fund for podiatric
17 scholarships and residency programs under the Podiatric
18 Scholarship and Residency Act.
19     (e) Subsection (a) does not apply to, and no transfer may
20 be made under this Section from, the Pension Stabilization
21 Fund.
22     (f) This Section does not apply to the Special Olympics
23 Illinois Fund.
24 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
25 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
26 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.



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1 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
2 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
3 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
4 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.
5 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
6 eff. 6-6-06; revised 6-19-06.)
7     Section 20. The Illinois Vehicle Code is amended by adding
8 Section 3-664 as follows:
9     (625 ILCS 5/3-664 new)
10     Sec. 3-664. Law Enforcement Torch Run For Special Olympics
11 license plates.
12     (a) The Secretary, upon receipt of an application made in
13 the form prescribed by the Secretary of State, may issue
14 special registration plates designated to be Law Enforcement
15 Torch Run For Special Olympics license plates. The special
16 plates issued under this Section shall be affixed only to
17 passenger vehicles of the first division, motor vehicles of the
18 second division weighing not more than 8,000 pounds, and
19 recreational vehicles as defined by Section 1-169 of this Code.
20 Plates issued under this Section shall expire according to the
21 multi-year procedure established by Section 3-414.1 of this
22 Code.
23     (b) The design and color of the plates shall be wholly
24 within the discretion of the Secretary of State. Appropriate



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1 documentation, as determined by the Secretary, shall accompany
2 the application. The Secretary may, in his or her discretion,
3 allow the plates to be issued as vanity or personalized plates
4 in accordance with Section 3-405.1 of this Code.
5     (c) An applicant shall be charged a $45 fee for original
6 issuance in addition to the appropriate registration fee, if
7 applicable. Of this fee, $30 shall be deposited into the
8 Special Olympics Illinois Fund and $15 shall be deposited into
9 the Secretary of State Special License Plate Fund. For each
10 registration renewal period, a $27 fee, in addition to the
11 appropriate registration fee, shall be charged. Of this fee,
12 $25 shall be deposited into the Special Olympics Illinois Fund
13 and $2 shall be deposited into the Secretary of State Special
14 License Plate Fund.
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.