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


Rep. Angelo Saviano

Filed: 3/8/2007





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2     AMENDMENT NO. ______. Amend House Bill 420, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Illinois Lottery Law is amended by changing
6 Sections 2 and 20 and by adding Section 21.7 as follows:
7     (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
8     Sec. 2. This Act is enacted to implement and establish
9 within the State a lottery to be operated by the State, the
10 entire net proceeds of which are to be used for the support of
11 the State's Common School Fund, except as provided in Sections
12 21.2, and 21.5, and 21.6, and 21.7.
13 (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05;
14 revised 8-23-05.)
15     (20 ILCS 1605/20)  (from Ch. 120, par. 1170)



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1     Sec. 20. State Lottery Fund.
2     (a) There is created in the State Treasury a special fund
3 to be known as the "State Lottery Fund". Such fund shall
4 consist of all revenues received from (1) the sale of lottery
5 tickets or shares, (net of commissions, fees representing those
6 expenses that are directly proportionate to the sale of tickets
7 or shares at the agent location, and prizes of less than $600
8 which have been validly paid at the agent level), (2)
9 application fees, and (3) all other sources including moneys
10 credited or transferred thereto from any other fund or source
11 pursuant to law. Interest earnings of the State Lottery Fund
12 shall be credited to the Common School Fund.
13     (b) The receipt and distribution of moneys under Section
14 21.5 of this Act shall be in accordance with Section 21.5.
15     (c) (b) The receipt and distribution of moneys under
16 Section 21.6 of this Act shall be in accordance with Section
17 21.6.
18     (d) The receipt and distribution of moneys under Section
19 21.7 of this Act shall be in accordance with Section 21.7.
20 (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05;
21 revised 8-19-05.)
22     (20 ILCS 1605/21.7 new)
23     Sec. 21.7. Go For The Gold scratch-off game.
24     (a) The Department shall offer a special instant
25 scratch-off game with the title of "Go For The Gold". The game



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1 must commence on July 1, 2007 or as soon thereafter, in the
2 discretion of the Director, as is reasonably practical. The
3 operation of the game is governed by this Act and by any rules
4 adopted by the Department. If any provision of this Section is
5 inconsistent with any other provision of this Act, then this
6 Section governs.
7     (b) The net revenue from the Go For The Gold special
8 instant scratch-off game must be deposited into the Special
9 Olympics Illinois Fund for appropriation by the General
10 Assembly solely to the Department of Human Services, which must
11 distribute the moneys to Special Olympics Illinois to support
12 the statewide training, competitions, and programs for present
13 and future Special Olympics athletes. The moneys may not be
14 used for institutional, organizational, or community-based
15 overhead costs, indirect 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 Go For The
26 Gold game.



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1     (c) During the time that tickets are sold for the Go For
2 The Gold 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.
7     Section 10. The Department of Human Services (Mental Health
8 and Developmental Disabilities) Law of the Civil
9 Administrative Code of Illinois is amended by changing Section
10 1710-100 as follows:
11     (20 ILCS 1710/1710-100)  (was 20 ILCS 1710/53d)
12     Sec. 1710-100. Grants to Illinois Special Olympics
13 Illinois. The Department shall make grants to the Illinois
14 Special Olympics Illinois for area and statewide athletic
15 competitions from appropriations to the Department from the
16 Illinois Special Olympics Illinois Checkoff Fund, a special
17 fund created in the State treasury.
18 (Source: P.A. 91-239, eff. 1-1-00.)
19     Section 15. The State Finance Act is amended by changing
20 Sections 5.361 and 8h as follows:
21     (30 ILCS 105/5.361)
22     Sec. 5.361. The Illinois Special Olympics Illinois



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1 Checkoff Fund.
2 (Source: P.A. 88-459; 88-670, eff. 12-2-94.)
3     (30 ILCS 105/8h)
4     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
13 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
23 effect of reducing the available balance in the fund to an
24 amount less than the amount remaining unexpended and unreserved
25 from the total appropriation from that fund estimated to be



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1 expended for that fiscal year. This Section does not apply to
2 any funds that are restricted by federal law to a specific use,
3 to any funds in the Motor Fuel Tax Fund, the Intercity
4 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
5 Provider Relief Fund, the Teacher Health Insurance Security
6 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
7 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
8 the Lawyers' Assistance Program Fund, the Supreme Court Federal
9 Projects Fund, the Supreme Court Special State Projects Fund,
10 the Supplemental Low-Income Energy Assistance Fund, the Good
11 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste
12 Facility Development and Operation Fund, the Horse Racing
13 Equity Trust Fund, or the Hospital Basic Services Preservation
14 Fund, or to any funds to which subsection (f) of Section 20-40
15 of the Nursing and Advanced Practice Nursing Act applies. No
16 transfers may be made under this Section from the Pet
17 Population Control Fund. Notwithstanding any other provision
18 of this Section, for fiscal year 2004, the total transfer under
19 this Section from the Road Fund or the State Construction
20 Account Fund shall not exceed the lesser of (i) 5% of the
21 revenues to be deposited into the fund during that fiscal year
22 or (ii) 25% of the beginning balance in the fund. For fiscal
23 year 2005 through fiscal year 2007, no amounts may be
24 transferred under this Section from the Road Fund, the State
25 Construction Account Fund, the Criminal Justice Information
26 Systems Trust Fund, the Wireless Service Emergency Fund, or the



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1 Mandatory Arbitration Fund.
2     In determining the available balance in a fund, the
3 Governor may include receipts, transfers into the fund, and
4 other resources anticipated to be available in the fund in that
5 fiscal year.
6     The State Treasurer and Comptroller shall transfer the
7 amounts designated under this Section as soon as may be
8 practicable after receiving the direction to transfer from the
9 Governor.
10     (a-5) Transfers directed to be made under this Section on
11 or before February 28, 2006 that are still pending on May 19,
12 2006 (the effective date of Public Act 94-774) this amendatory
13 Act of the 94th General Assembly shall be redirected as
14 provided in Section 8n of this Act.
15     (b) This Section does not apply to: (i) the Ticket For The
16 Cure Fund; (ii) any fund established under the Community Senior
17 Services and Resources Act; or (iii) on or after January 1,
18 2006 (the effective date of Public Act 94-511), the Child Labor
19 and Day and Temporary Labor Enforcement Fund.
20     (c) This Section does not apply to the Demutualization
21 Trust Fund established under the Uniform Disposition of
22 Unclaimed Property Act.
23     (d) This Section does not apply to moneys set aside in the
24 Illinois State Podiatric Disciplinary Fund for podiatric
25 scholarships and residency programs under the Podiatric
26 Scholarship and Residency Act.



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1     (e) Subsection (a) does not apply to, and no transfer may
2 be made under this Section from, the Pension Stabilization
3 Fund.
4     (f) This Section does not apply to the Special Olympics
5 Illinois Fund.
6 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
7 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
8 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
9 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
10 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
11 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
12 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.
13 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
14 eff. 6-6-06; revised 6-19-06.)"; and
15     Section 20. The Illinois Vehicle Code is amended by adding
16 Section 3-664 as follows:
17     (625 ILCS 5/3-664 new)
18     Sec. 3-664. Law Enforcement Torch Run For Special Olympics
19 license plates.
20     (a) The Secretary, upon receipt of an application made in
21 the form prescribed by the Secretary of State, may issue
22 special registration plates designated to be Law Enforcement
23 Torch Run For Special Olympics license plates. The special
24 plates issued under this Section shall be affixed only to



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1 passenger vehicles of the first division, motor vehicles of the
2 second division weighing not more than 8,000 pounds, and
3 recreational vehicles as defined by Section 1-169 of this Code.
4 Plates issued under this Section shall expire according to the
5 multi-year procedure established by Section 3-414.1 of this
6 Code.
7     (b) The design and color of the plates shall be wholly
8 within the discretion of the Secretary of State. Appropriate
9 documentation, as determined by the Secretary, shall accompany
10 the application. The Secretary may, in his or her discretion,
11 allow the plates to be issued as vanity or personalized plates
12 in accordance with Section 3-405.1 of this Code.
13     (c) An applicant shall be charged a $45 fee for original
14 issuance in addition to the appropriate registration fee, if
15 applicable. Of this fee, $30 shall be deposited into the
16 Special Olympics Illinois Fund and $15 shall be deposited into
17 the Secretary of State Special License Plate Fund. For each
18 registration renewal period, a $27 fee, in addition to the
19 appropriate registration fee, shall be charged. Of this fee,
20 $25 shall be deposited into the Special Olympics Illinois Fund
21 and $2 shall be deposited into the Secretary of State Special
22 License Plate Fund.
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.".