Public Act 094-0120
 
SB0001 Enrolled LRB094 05872 BDD 37266 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Lottery Law is amended by changing
Sections 2 and 20 and by adding Section 21.5 as follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be operated by the State, the
entire net proceeds of which are to be used for the support of
The State's Common School Fund, except as provided in Sections
Section 21.2 and 21.5.
(Source: P.A. 84-215.)
 
    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
    Sec. 20. State Lottery Fund.
    (a) There is created in the State Treasury a special fund
to be known as the "State Lottery Fund". Such fund shall
consist of all revenues received from (1) the sale of lottery
tickets or shares, (net of commissions, fees representing those
expenses that are directly proportionate to the sale of tickets
or shares at the agent location, and prizes of less than $600
which have been validly paid at the agent level), (2)
application fees, and (3) all other sources including moneys
credited or transferred thereto from any other fund or source
pursuant to law. Interest earnings of the State Lottery Fund
shall be credited to the Common School Fund.
    (b) The receipt and distribution of moneys under Section
21.5 of this Act shall be in accordance with Section 21.5.
(Source: P.A. 90-603, eff. 1-1-99.)
 
    (20 ILCS 1605/21.5 new)
    Sec. 21.5. Ticket For The Cure.
    (a) The Department shall offer a special instant
scratch-off game with the title of "Ticket For The Cure". The
game shall commence on January 1, 2006 or as soon thereafter,
in the discretion of the Director, as is reasonably practical,
and shall be discontinued on December 31, 2011. The operation
of the game shall be governed by this Act and any rules adopted
by the Department. The Department must consult with the Ticket
For The Cure Board, which is established under Section 2310-347
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 Ticket For The Cure Fund is created as a special
fund in the State treasury. The net revenue from the Ticket For
The Cure special instant scratch-off game shall be deposited
into the Fund for appropriation by the General Assembly solely
to the Department of Public Health for the purpose of making
grants to public or private entities in Illinois for the
purpose of funding research concerning breast cancer and for
funding services for breast cancer victims. The Department
must, before grants are awarded, provide copies of all grant
applications to the Ticket For The Cure Board, receive and
review the Board's recommendations and comments, and consult
with the Board regarding the grants. For purposes of this
Section, the term "research" includes, without limitation,
expenditures to develop and advance the understanding,
techniques, and modalities effective in the detection,
prevention, screening, and treatment of breast cancer and may
include clinical trials. The grant funds may not be used for
institutional, organizational, or community-based overhead
costs, indirect costs, or levies.
    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 Ticket For The
Cure game.
    (c) During the time that tickets are sold for the Ticket
For The Cure 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.
 
    Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-347 as follows:
 
    (20 ILCS 2310/2310-347 new)
    Sec. 2310-347. The Ticket For The Cure Board.
    (a) The Ticket For The Cure Board is created as an advisory
board within the Department. The Board shall consist of 10
members as follows: 2 members appointed by the President of the
Senate; 2 members appointed by the Minority Leader of the
Senate; 2 members appointed by the Speaker of the House of
Representatives; 2 members appointed by the Minority Leader of
the House of Representatives; and 2 members appointed by the
Governor with the advice and consent of the Senate, one of whom
shall be designated as chair of the Board at the time of
appointment.
    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
available for that purpose. The Department shall provide staff
and administrative support services to the Board.
    (c) The Board must:
        (i) consult with the Department of Revenue in designing
    and promoting the Ticket For The Cure 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
    Ticket For The Cure Fund, to public or private entities in
    Illinois for the purpose of funding research concerning
    breast cancer and for funding services for breast cancer
    victims in accordance with Section 21.5 of the Illinois
    Lottery Law.
    (d) The Board is discontinued on June 30, 2012.
 
    Section 15. The State Finance Act is amended by changing
Section 8h and by adding Section 5.640 as follows:
 
    (30 ILCS 105/5.640 new)
    Sec. 5.640. The Ticket For The Cure Fund.
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as provided in subsection (b), notwithstanding
any other State law to the contrary, the Governor may, through
June 30, 2007, from time to time direct the State Treasurer and
Comptroller to transfer a specified sum from any fund held by
the State Treasurer to the General Revenue Fund in order to
help defray the State's operating costs for the fiscal year.
The total transfer under this Section from any fund in any
fiscal year shall not exceed the lesser of (i) 8% of the
revenues to be deposited into the fund during that fiscal year
or (ii) an amount that leaves a remaining fund balance of 25%
of the July 1 fund balance of that fiscal year. In fiscal year
2005 only, prior to calculating the July 1, 2004 final
balances, the Governor may calculate and direct the State
Treasurer with the Comptroller to transfer additional amounts
determined by applying the formula authorized in Public Act
93-839 to the funds balances on July 1, 2003. No transfer may
be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than the amount remaining unexpended and unreserved
from the total appropriation from that fund estimated to be
expended for that fiscal year. This Section does not apply to
any funds that are restricted by federal law to a specific use,
to any funds in the Motor Fuel Tax Fund, the Hospital Provider
Fund, the Medicaid Provider Relief Fund, or the Reviewing Court
Alternative Dispute Resolution Fund, or to any funds to which
subsection (f) of Section 20-40 of the Nursing and Advanced
Practice Nursing Act applies. Notwithstanding any other
provision of this Section, for fiscal year 2004, the total
transfer under this Section from the Road Fund or the State
Construction Account Fund shall not exceed the lesser of (i) 5%
of the revenues to be deposited into the fund during that
fiscal year or (ii) 25% of the beginning balance in the fund.
For fiscal year 2005 through fiscal year 2007, no amounts may
be transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
    (b) This Section does not apply to the Ticket For The Cure
Fund or to any fund established under the Community Senior
Services and Resources Act.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
1-15-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/6/2005