94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4860


 
Introduced 01/19/06, by Rep. Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		



















35 ILCS 5/507MM new





35 ILCS 5/509
  from Ch. 120, par. 5-509


35 ILCS 5/510
  from Ch. 120, par. 5-510


410 ILCS 45/7.2
  from Ch. 111 1/2, par. 1307.2







    Amends the Illinois Income Tax Act and the Lead Poisoning Prevention Act  to create a tax checkoff for the Lead Poisoning Screening, Prevention, and
Abatement Fund. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4860

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1
    AN ACT concerning public health.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Income Tax Act is amended  by 
5
changing Sections 509 and 510 and  by adding Section 507MM as 
6
follows:
 
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    (35 ILCS 5/507MM  new)
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    Sec. 507MM. The Lead Poisoning Screening, Prevention, and

9
Abatement Fund checkoff. For taxable years ending on or after 
10
December 31,
2006, the Department must print on its standard 
11
individual
income tax form a provision indicating that if the 
12
taxpayer
wishes to contribute to the Lead Poisoning Screening, 
13
Prevention, and
Abatement Fund, as authorized by this 
14
amendatory Act of the 94th General
Assembly, he or she may do 
15
so by stating the amount of the
contribution (not less than $1) 
16
on the return and that the
contribution will reduce the 
17
taxpayer's refund or increase the
amount of payment to 
18
accompany the return. Failure to remit any
amount of increased 
19
payment shall reduce the contribution
accordingly. This 
20
Section does not apply to any amended return.
 



21
    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)



22
    Sec. 509. Tax checkoff explanations. All individual income 
23
tax return forms
shall contain appropriate explanations and 
24
spaces to enable the taxpayers to
designate contributions to 
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the following funds:
the Child Abuse Prevention Fund,
the 
26
Illinois Wildlife Preservation Fund (as required by the 
27
Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's 
28
Disease Research Fund (as required by the Alzheimer's
Disease 
29
Research Act),
the Assistance to the Homeless Fund (as required 
30
by this Act),
the Penny Severns Breast and Cervical Cancer 
31
Research Fund,
the National World War II Memorial Fund,
the 
 


 






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1
Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) 
2
Research Fund,
the Multiple Sclerosis Assistance Fund,
the 
3
Sarcoidosis Research Fund, the Leukemia Treatment and 
4
Education Fund,
the World War II Illinois Veterans Memorial 
5
Fund,
the Korean War Veterans National Museum and Library Fund,
 
6
the Illinois Military Family Relief Fund,
the Blindness 
7
Prevention Fund, the Illinois Veterans' Homes Fund, the 
8
Epilepsy Treatment and Education Grants-in-Aid Fund, the 
9
Diabetes Research Checkoff Fund, the Vince Demuzio Memorial 
10
Colon Cancer Fund, the Autism Research Fund,  the Asthma and 
11
Lung Research Fund, the Lead Poisoning Screening, Prevention, 
12
and
Abatement Fund, and the Illinois Brain Tumor Research Fund.

13
    Each form shall contain a statement that the contributions 
14
will reduce the
taxpayer's refund or increase the amount of 
15
payment to accompany the return.
Failure to remit any amount of 
16
increased payment shall reduce the contribution
accordingly.

17
    If, on October 1 of any year, the total contributions to 
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any one of the
funds made under this Section do not equal 
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$100,000 or more, the explanations
and spaces for designating 
20
contributions to the fund shall be removed from the
individual 
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income tax return forms for the following and all subsequent 
22
years
and all subsequent contributions to the fund shall be 
23
refunded to the taxpayer.

24
(Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 
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93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 
26
7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. 
27
1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. 
28
8-16-05; 94-649, eff. 8-22-05; revised 8-29-05.)

 



29
    (35 ILCS 5/510)  (from Ch. 120, par. 5-510)



30
    Sec. 510. Determination of amounts contributed. The 
31
Department shall
determine the total amount contributed to each 
32
of the following:
the Child Abuse Prevention Fund,
the Illinois 
33
Wildlife Preservation Fund,
the Assistance to the Homeless 
34
Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns 
35
Breast and Cervical Cancer Research Fund,
the National World 
 


 






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1
War II Memorial Fund,
the Prostate Cancer Research Fund,
the 
2
Illinois Military Family Relief Fund,
the Lou Gehrig's Disease 
3
(ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,

4
the Sarcoidosis Research Fund, the Leukemia Treatment and 
5
Education Fund,
the World War II Illinois Veterans Memorial 
6
Fund,
the Korean War Veterans National Museum and Library Fund, 
7
the Illinois Veterans' Homes Fund, the Epilepsy Treatment and 
8
Education Grants-in-Aid Fund,
the Diabetes Research Checkoff 
9
Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism 
10
Research Fund, the Blindness Prevention Fund, the Asthma and 
11
Lung Research Fund, the Lead Poisoning Screening, Prevention, 
12
and
Abatement Fund, and the Illinois Brain Tumor Research Fund;

13
and shall notify the State Comptroller and the State Treasurer 
14
of the amounts
to be transferred from the General Revenue Fund 
15
to each fund, and upon receipt
of such notification the State 
16
Treasurer and Comptroller shall transfer the
amounts.

17
(Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 
18
93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 
19
7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. 
20
1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. 
21
8-16-05; 94-649, eff. 8-22-05; revised 8-29-05.)

 
22
    Section 10. The Lead Poisoning Prevention Act is amended  by 
23
changing Section 7.2 as follows:
 



24
    (410 ILCS 45/7.2)  (from Ch. 111 1/2, par. 1307.2)


25
    Sec. 7.2. Laboratory fees for blood lead screening; Lead 
26
Poisoning Fund. 

27
    (a) The Department may establish fees according to a 
28
reasonable fee
structure to cover the cost of providing a 
29
testing service for laboratory
analysis of blood lead tests and 
30
any necessary follow-up.  Fees collected
from the Department's 
31
testing service shall be placed in a special fund in
the State 
32
treasury known as the Lead Poisoning Screening, Prevention, and

33
Abatement Fund.  Other State and federal funds for expenses 
34
related to lead
poisoning screening, follow-up, treatment, and 
 


 






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1
abatement programs may also
be placed in the Fund. Income tax 
2
checkoff receipts under Section 507MM of the Illinois Income 
3
Tax Act must be deposited into the Fund.  Moneys shall be 
4
appropriated from the Fund to the
Department of Public Health 
5
solely for the purposes of providing lead
screening, follow-up, 
6
and treatment programs.

7
    (b) Any delegate agency may establish fees, according to a 
8
reasonable
fee structure, to cover the costs of drawing blood 
9
for blood lead screening
and any necessary follow-up.

10
(Source: P.A. 87-175.)


 

11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.