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.