Public Act 90-0171 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0171

SB83 Enrolled                                  SRS90S0009NCsa

    AN ACT concerning income tax checkoffs.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  3.   The  Department  of  Human  Services Act is
amended by adding Section 10-12 as follows:

    (20 ILCS 1305/10-12 new)
    Sec. 10-12.  Grants to the American Diabetes Association.
The Department of Human Services shall  make  grants  to  the
American  Diabetes  Association for research on diabetes from
appropriations to the Department from the  American  Diabetes
Fund, a special fund created in the State Treasury.

    Section  5.  The Civil Administrative Code of Illinois is
amended by adding Sections 55.85 and 55.86 as follows:

    (20 ILCS 2310/55.85 new)
    Sec. 55.85.  Grants from the Mental Health Research Fund.
From funds appropriated from the Mental Health Research Fund,
the Department  of  Human  Services  shall  award  grants  to
organizations  in  Illinois,  for  the purpose of research of
mental illness.

    (20 ILCS 2310/55.86 new)
    Sec. 55.86. Children's Cancer Fund;  grants.  From  funds
appropriated  from the Children's Cancer Fund, a special fund
created in  the  State  treasury,  the  Department  of  Human
Services  shall  make grants to public or private entities in
Illinois, including the Mitchell Ross Children's Cancer  Fund
and  the  Cancer Wellness Center, for the purposes of funding
(i) research into causes, prevention, and treatment of cancer
in  children  and  (ii)  direct  community-based   supportive
services   and   programs  that  address  the  psychological,
emotional, and social needs of children with cancer and their
family members.

    Section 10.  The State Finance Act is amended  by  adding
Sections 5.449, 5.450, and 5.451 as follows:

    (30 ILCS 105/5.449 new)
    Sec. 5.449.  The Mental Health Research Fund.

    (30 ILCS 105/5.450 new)
    Sec. 5.450.  The Children's Cancer Fund.

    (30 ILCS 105/5.451 new)
    Sec. 5.451.  The American Diabetes Association Fund.

    Section  15.   The  Illinois Income Tax Act is amended by
changing Sections 509 and 510 and adding Sections 507R, 507S,
and 507T as follows:

    (35 ILCS 5/507R new)
    Sec. 507R.  Mental Health Research  Fund  checkoff.   The
Department  shall print on its standard individual income tax
form a provision indicating that if the  taxpayer  wishes  to
contribute  to the Mental Health Research Fund, as authorized
by this amendatory Act of 1997,  he  or  she  may  do  so  by
stating  the amount of the contribution (not less than $1) on
the  return  and  that  the  contribution  will  reduce   the
taxpayer's  refund  or  increase  the  amount  of  payment to
accompany  the  return.  Failure  to  remit  any  amount   of
increased  payment shall reduce the contribution accordingly.
This Section shall not apply to any amended return.

    (35 ILCS 5/507S new)
    Sec.  507S.  Children's   Cancer   Fund   checkoff.   The
Department  shall print on its standard individual income tax
form a provision indicating that if the  taxpayer  wishes  to
contribute  to  the  Children's Cancer Fund, as authorized by
this amendatory Act of 1997, he or she may do so  by  stating
the  amount  of  the  contribution  (not less than $1) on the
return and that the contribution will reduce  the  taxpayer's
refund  or  increase  the  amount of payment to accompany the
return. Failure to remit  any  amount  of  increased  payment
shall reduce the contribution accordingly. This Section shall
not apply to any amended return.

    (35 ILCS 5/507T new)
    Sec.  507T.   The American Diabetes Association checkoff.
The Department shall print on its standard individual  income
tax  form  a provision indicating that if the taxpayer wishes
to contribute to the American Diabetes Association  Fund,  as
authorized  by  this amendatory Act of 1997, he or she may do
so by stating the amount of the contribution (not  less  than
$1)  on  the return and that the contribution will reduce the
taxpayer's refund  or  increase  the  amount  of  payment  to
accompany  the  return.   Failure  to  remit  any  amount  of
increased  payment shall reduce the contribution accordingly.
This Section shall not apply to any amended return.

    (35 ILCS 5/509) (from Ch. 120, par. 5-509)
    Sec. 509.  Tax  checkoff  explanations.   All  individual
income   tax   return   forms   shall   contain   appropriate
explanations  and spaces to enable the taxpayers to designate
contributions to the Child  Abuse  Prevention  Fund,  to  the
Community  Health  Center Care Fund, to the Illinois Wildlife
Preservation  Fund  as  required  by  the  Illinois  Non-Game
Wildlife Protection Act, to the Alzheimer's Disease  Research
Fund  as required by the Alzheimer's Disease Research Act, to
the Assistance to the Homeless Fund as required by this  Act,
to the Heritage Preservation Fund as required by the Heritage
Preservation Act, to the Child Care Expansion Program Fund as
required by the Child Care Expansion Program Act, to the Ryan
White   AIDS   Victims  Assistance  Fund,  to  the  Assistive
Technology  for  Persons  with  Disabilities  Fund,  to   the
Domestic  Violence  Shelter  and  Service Fund, to the United
States Olympians Assistance Fund, to  the  Youth  Drug  Abuse
Prevention  Fund, to the Persian Gulf Conflict Veterans Fund,
to the Literacy Advancement Fund, to the Ryan White Pediatric
and  Adult  AIDS  Fund,  to  the  Illinois  Special  Olympics
Checkoff Fund, to the Breast  and  Cervical  Cancer  Research
Fund,  to  the Korean War Memorial Fund, to the Heart Disease
Treatment and Prevention Fund, to  the  Hemophilia  Treatment
Fund,  to  the Mental Health Research Fund, to the Children's
Cancer Fund, to the American Diabetes Association  Fund,  the
Women  in Military Service Memorial Fund, and to the Meals on
Wheels Fund. Each form shall contain  a  statement  that  the
contributions  will  reduce the taxpayer's refund or increase
the amount of payment to accompany the  return.   Failure  to
remit  any  amount  of  increased  payment  shall  reduce the
contribution accordingly.
    If, on October 1 of any year, the total contributions  to
any  one  of  the  funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions  to  the  fund  shall  be  removed   from   the
individual  income tax return forms for the following and all
subsequent years and all subsequent contributions to the fund
shall be refunded to the taxpayer.
(Source: P.A. 88-85; 88-130; 88-459;  88-666,  eff.  9-16-94;
88-670,  eff.  12-2-94;  89-230,  eff.  1-1-96;  89-324, eff.
8-13-95.)

    (35 ILCS 5/510) (from Ch. 120, par. 5-510)
    Sec. 510.  Determination  of  amounts  contributed.   The
Department  shall  determine  the total amount contributed to
each of the following: the Child Abuse Prevention  Fund,  the
Illinois  Wildlife  Preservation  Fund,  the Community Health
Center Care Fund, the Assistance to the  Homeless  Fund,  the
Alzheimer's  Disease Research Fund, the Heritage Preservation
Fund, the Child Care Expansion Program Fund, the  Ryan  White
AIDS  Victims  Assistance  Fund, the Assistive Technology for
Persons with Disabilities Fund, the Domestic Violence Shelter
and Service Fund,  the  United  States  Olympians  Assistance
Fund,  the Youth Drug Abuse Prevention Fund, the Persian Gulf
Conflict Veterans Fund, the Literacy  Advancement  Fund,  the
Ryan  White  Pediatric  and  Adult  AIDS  Fund,  the Illinois
Special Olympics  Checkoff  Fund,  the  Breast  and  Cervical
Cancer Research Fund, the Korean War Memorial Fund, the Heart
Disease   Treatment   and  Prevention  Fund,  the  Hemophilia
Treatment  Fund,  the  Mental  Health  Research   Fund,   the
Children's  Cancer  Fund,  the American  Diabetes Association
Fund, the Women in Military Service Memorial  Fund,  and  the
Meals  on Wheels Fund; and shall notify the State Comptroller
and the State Treasurer of the amounts to be transferred from
the General Revenue Fund to each fund, and  upon  receipt  of
such  notification  the State Treasurer and Comptroller shall
transfer the amounts.
(Source: P.A. 88-85; 88-130; 88-459;  88-666,  eff.  9-16-94;
88-670,  eff.  12-2-94;  89-230,  eff.  1-1-96;  89-324, eff.
8-13-95.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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