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Public Act 100-1068


 

Public Act 1068 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1068
 
SB0211 EnrolledLRB100 04957 MJP 14967 b

    AN ACT concerning gaming.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Illinois
Homeless Veterans and Working Families Lottery Law.
 
    Section 5. The Illinois Lottery Law is amended by changing
Sections 2, 9, 9.1, and 20 and by adding Section 21.10 as
follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    (Text of Section before amendment by P.A. 100-466)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.5, 21.6, 21.7, 21.8, and 21.9, and 21.10. The
General Assembly finds that it is in the public interest for
the Department to conduct the functions of the Lottery with the
assistance of a private manager under a management agreement
overseen by the Department. The Department shall be accountable
to the General Assembly and the people of the State through a
comprehensive system of regulation, audits, reports, and
enduring operational oversight. The Department's ongoing
conduct of the Lottery through a management agreement with a
private manager shall act to promote and ensure the integrity,
security, honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
(Source: P.A. 98-649, eff. 6-16-14; 99-933, eff. 1-27-17.)
 
    (Text of Section after amendment by P.A. 100-466)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.5, 21.6, 21.7, 21.8, and 21.9, and 21.10. The
General Assembly finds that it is in the public interest for
the Department to conduct the functions of the Lottery with the
assistance of a private manager under a management agreement
overseen by the Department. The Department shall be accountable
to the General Assembly and the people of the State through a
comprehensive system of regulation, audits, reports, and
enduring operational oversight. The Department's ongoing
conduct of the Lottery through a management agreement with a
private manager shall act to promote and ensure the integrity,
security, honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
    Beginning with Fiscal Year 2018 and every year thereafter,
any moneys transferred from the State Lottery Fund to the
Common School Fund shall be supplemental to, and not in lieu
of, any other money due to be transferred to the Common School
Fund by law or appropriation.
(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18.)
 
    (20 ILCS 1605/9)  (from Ch. 120, par. 1159)
    Sec. 9. The Director, as administrative head of the
Department, shall direct and supervise all its administrative
and technical activities. In addition to the duties imposed
upon him elsewhere in this Act, it shall be the Director's
duty:
        a. To supervise and administer the operation of the
    lottery in accordance with the provisions of this Act or
    such rules and regulations of the Department adopted
    thereunder.
        b. To attend meetings of the Board or to appoint a
    designee to attend in his stead.
        c. To employ and direct such personnel in accord with
    the Personnel Code, as may be necessary to carry out the
    purposes of this Act. In addition, the Director may by
    agreement secure such services as he or she may deem
    necessary from any other department, agency, or unit of the
    State government, and may employ and compensate such
    consultants and technical assistants as may be required and
    is otherwise permitted by law.
        d. To license, in accordance with the provisions of
    Sections 10 and 10.1 of this Act and the rules and
    regulations of the Department adopted thereunder, as
    agents to sell lottery tickets such persons as in his
    opinion will best serve the public convenience and promote
    the sale of tickets or shares. The Director may require a
    bond from every licensed agent, in such amount as provided
    in the rules and regulations of the Department. Every
    licensed agent shall prominently display his license, or a
    copy thereof, as provided in the rules and regulations of
    the Department.
        e. To suspend or revoke any license issued pursuant to
    this Act or the rules and regulations promulgated by the
    Department thereunder.
        f. To confer regularly as necessary or desirable and
    not less than once every month with the Lottery Control
    Board on the operation and administration of the Lottery;
    to make available for inspection by the Board or any member
    of the Board, upon request, all books, records, files, and
    other information and documents of his office; to advise
    the Board and recommend such rules and regulations and such
    other matters as he deems necessary and advisable to
    improve the operation and administration of the lottery.
        g. To enter into contracts for the operation of the
    lottery, or any part thereof, and into contracts for the
    promotion of the lottery on behalf of the Department with
    any person, firm or corporation, to perform any of the
    functions provided for in this Act or the rules and
    regulations promulgated thereunder. The Department shall
    not expend State funds on a contractual basis for such
    functions unless those functions and expenditures are
    expressly authorized by the General Assembly.
        h. To enter into an agreement or agreements with the
    management of state lotteries operated pursuant to the laws
    of other states for the purpose of creating and operating a
    multi-state lottery game wherein a separate and distinct
    prize pool would be combined to award larger prizes to the
    public than could be offered by the several state
    lotteries, individually. No tickets or shares offered in
    connection with a multi-state lottery game shall be sold
    within the State of Illinois, except those offered by and
    through the Department. No such agreement shall purport to
    pledge the full faith and credit of the State of Illinois,
    nor shall the Department expend State funds on a
    contractual basis in connection with any such game unless
    such expenditures are expressly authorized by the General
    Assembly, provided, however, that in the event of error or
    omission by the Illinois State Lottery in the conduct of
    the game, as determined by the multi-state game directors,
    the Department shall be authorized to pay a prize winner or
    winners the lesser of a disputed prize or $1,000,000, any
    such payment to be made solely from funds appropriated for
    game prize purposes. The Department shall be authorized to
    share in the ordinary operating expenses of any such
    multi-state lottery game, from funds appropriated by the
    General Assembly, and in the event the multi-state game
    control offices are physically located within the State of
    Illinois, the Department is authorized to advance start-up
    operating costs not to exceed $150,000, subject to
    proportionate reimbursement of such costs by the other
    participating state lotteries. The Department shall be
    authorized to share proportionately in the costs of
    establishing a liability reserve fund from funds
    appropriated by the General Assembly. The Department is
    authorized to transfer prize award funds attributable to
    Illinois sales of multi-state lottery game tickets to the
    multi-state control office, or its designated depository,
    for deposit to such game pool account or accounts as may be
    established by the multi-state game directors, the records
    of which account or accounts shall be available at all
    times for inspection in an audit by the Auditor General of
    Illinois and any other auditors pursuant to the laws of the
    State of Illinois. No multi-state game prize awarded to a
    nonresident of Illinois, with respect to a ticket or share
    purchased in a state other than the State of Illinois,
    shall be deemed to be a prize awarded under this Act for
    the purpose of taxation under the Illinois Income Tax Act.
    The Department shall promulgate such rules as may be
    appropriate to implement the provisions of this Section.
        i. To make a continuous study and investigation of (1)
    the operation and the administration of similar laws which
    may be in effect in other states or countries, (2) any
    literature on the subject which from time to time may be
    published or available, (3) any Federal laws which may
    affect the operation of the lottery, and (4) the reaction
    of Illinois citizens to existing and potential features of
    the lottery with a view to recommending or effecting
    changes that will tend to serve the purposes of this Act.
        j. To report monthly to the State Treasurer and the
    Lottery Control Board a full and complete statement of
    lottery revenues, prize disbursements and other expenses
    for each month and the amounts to be transferred to the
    Common School Fund pursuant to Section 7.2, and to make an
    annual report, which shall include a full and complete
    statement of lottery revenues, prize disbursements and
    other expenses, to the Governor and the Board. All reports
    required by this subsection shall be public and copies of
    all such reports shall be sent to the Speaker of the House,
    the President of the Senate, and the minority leaders of
    both houses.
        k. To keep the name and municipality of residence of
    the prize winner of a prize of $250,000 or greater
    confidential upon the prize winner making a written request
    that his or her name and municipality of residence be kept
    confidential. The prize winner must submit his or her
    written request at the time of claiming the prize. The
    written request shall be in the form established by the
    Department. Nothing in this paragraph k supersedes the
    Department's duty to disclose the name and municipality of
    residence of a prize winner of a prize of $250,000 or
    greater pursuant to the Freedom of Information Act.
(Source: P.A. 98-499, eff. 8-16-13; 99-933, eff. 1-27-17.)
 
    (20 ILCS 1605/9.1)
    Sec. 9.1. Private manager and management agreement.
    (a) As used in this Section:
    "Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
    "Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
        (1) Statements of qualifications.
        (2) Proposals to enter into a management agreement,
    including the identity of any prospective vendor or vendors
    that the offeror intends to initially engage to assist the
    offeror in performing its obligations under the management
    agreement.
    "Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
    "Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
    (b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
    (c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General
Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
        (1) where such contracts contain a provision
    authorizing termination upon notice, the Department shall
    provide notice of termination to occur upon the mutually
    agreed timetable for transfer of functions;
        (2) upon the expiration of any initial term or renewal
    term of the current Lottery contracts, the Department shall
    not renew such contract for a term extending beyond the
    mutually agreed timetable for transfer of functions; or
        (3) in the event any current contract provides for
    termination of that contract upon the implementation of a
    contract with the private manager, the Department shall
    perform all necessary actions to terminate the contract on
    the date that coincides with the mutually agreed timetable
    for transfer of functions.
    If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may
include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
    (c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
    (d) The management agreement with the private manager shall
include all of the following:
        (1) A term not to exceed 10 years, including any
    renewals.
        (2) A provision specifying that the Department:
            (A) shall exercise actual control over all
        significant business decisions;
            (A-5) has the authority to direct or countermand
        operating decisions by the private manager at any time;
            (B) has ready access at any time to information
        regarding Lottery operations;
            (C) has the right to demand and receive information
        from the private manager concerning any aspect of the
        Lottery operations at any time; and
            (D) retains ownership of all trade names,
        trademarks, and intellectual property associated with
        the Lottery.
        (3) A provision imposing an affirmative duty on the
    private manager to provide the Department with material
    information and with any information the private manager
    reasonably believes the Department would want to know to
    enable the Department to conduct the Lottery.
        (4) A provision requiring the private manager to
    provide the Department with advance notice of any operating
    decision that bears significantly on the public interest,
    including, but not limited to, decisions on the kinds of
    games to be offered to the public and decisions affecting
    the relative risk and reward of the games being offered, so
    the Department has a reasonable opportunity to evaluate and
    countermand that decision.
        (5) A provision providing for compensation of the
    private manager that may consist of, among other things, a
    fee for services and a performance based bonus as
    consideration for managing the Lottery, including terms
    that may provide the private manager with an increase in
    compensation if Lottery revenues grow by a specified
    percentage in a given year.
        (6) (Blank).
        (7) A provision requiring the deposit of all Lottery
    proceeds to be deposited into the State Lottery Fund except
    as otherwise provided in Section 20 of this Act.
        (8) A provision requiring the private manager to locate
    its principal office within the State.
        (8-5) A provision encouraging that at least 20% of the
    cost of contracts entered into for goods and services by
    the private manager in connection with its management of
    the Lottery, other than contracts with sales agents or
    technical advisors, be awarded to businesses that are a
    minority-owned business, a women-owned business, or a
    business owned by a person with disability, as those terms
    are defined in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
        (9) A requirement that so long as the private manager
    complies with all the conditions of the agreement under the
    oversight of the Department, the private manager shall have
    the following duties and obligations with respect to the
    management of the Lottery:
            (A) The right to use equipment and other assets
        used in the operation of the Lottery.
            (B) The rights and obligations under contracts
        with retailers and vendors.
            (C) The implementation of a comprehensive security
        program by the private manager.
            (D) The implementation of a comprehensive system
        of internal audits.
            (E) The implementation of a program by the private
        manager to curb compulsive gambling by persons playing
        the Lottery.
            (F) A system for determining (i) the type of
        Lottery games, (ii) the method of selecting winning
        tickets, (iii) the manner of payment of prizes to
        holders of winning tickets, (iv) the frequency of
        drawings of winning tickets, (v) the method to be used
        in selling tickets, (vi) a system for verifying the
        validity of tickets claimed to be winning tickets,
        (vii) the basis upon which retailer commissions are
        established by the manager, and (viii) minimum
        payouts.
        (10) A requirement that advertising and promotion must
    be consistent with Section 7.8a of this Act.
        (11) A requirement that the private manager market the
    Lottery to those residents who are new, infrequent, or
    lapsed players of the Lottery, especially those who are
    most likely to make regular purchases on the Internet as
    permitted by law.
        (12) A code of ethics for the private manager's
    officers and employees.
        (13) A requirement that the Department monitor and
    oversee the private manager's practices and take action
    that the Department considers appropriate to ensure that
    the private manager is in compliance with the terms of the
    management agreement, while allowing the manager, unless
    specifically prohibited by law or the management
    agreement, to negotiate and sign its own contracts with
    vendors.
        (14) A provision requiring the private manager to
    periodically file, at least on an annual basis, appropriate
    financial statements in a form and manner acceptable to the
    Department.
        (15) Cash reserves requirements.
        (16) Procedural requirements for obtaining the prior
    approval of the Department when a management agreement or
    an interest in a management agreement is sold, assigned,
    transferred, or pledged as collateral to secure financing.
        (17) Grounds for the termination of the management
    agreement by the Department or the private manager.
        (18) Procedures for amendment of the agreement.
        (19) A provision requiring the private manager to
    engage in an open and competitive bidding process for any
    procurement having a cost in excess of $50,000 that is not
    a part of the private manager's final offer. The process
    shall favor the selection of a vendor deemed to have
    submitted a proposal that provides the Lottery with the
    best overall value. The process shall not be subject to the
    provisions of the Illinois Procurement Code, unless
    specifically required by the management agreement.
        (20) The transition of rights and obligations,
    including any associated equipment or other assets used in
    the operation of the Lottery, from the manager to any
    successor manager of the lottery, including the
    Department, following the termination of or foreclosure
    upon the management agreement.
        (21) Right of use of copyrights, trademarks, and
    service marks held by the Department in the name of the
    State. The agreement must provide that any use of them by
    the manager shall only be for the purpose of fulfilling its
    obligations under the management agreement during the term
    of the agreement.
        (22) The disclosure of any information requested by the
    Department to enable it to comply with the reporting
    requirements and information requests provided for under
    subsection (p) of this Section.
    (e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
        (1) the offeror's ability to market the Lottery to
    those residents who are new, infrequent, or lapsed players
    of the Lottery, especially those who are most likely to
    make regular purchases on the Internet;
        (2) the offeror's ability to address the State's
    concern with the social effects of gambling on those who
    can least afford to do so;
        (3) the offeror's ability to provide the most
    successful management of the Lottery for the benefit of the
    people of the State based on current and past business
    practices or plans of the offeror; and
        (4) the offeror's poor or inadequate past performance
    in servicing, equipping, operating or managing a lottery on
    behalf of Illinois, another State or foreign government and
    attracting persons who are not currently regular players of
    a lottery.
    (f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
    (g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A brief description of the management agreement to
    be awarded.
        (4) The identity of the offerors that have been
    selected as finalists to serve as the private manager.
        (5) The address and telephone number of the Department.
    (h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
    (i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
    (j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
    (k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
    (l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
    (m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery.
    (n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
    (o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,
or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and
complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
    Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
    Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
    Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and
21.9, and 21.10, the Department shall distribute all proceeds
of lottery tickets and shares sold in the following priority
and manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund an amount that is equal to the
    proceeds transferred in the corresponding month of fiscal
    year 2009, as adjusted for inflation, to the Common School
    Fund.
        (4) On or before the last day of each fiscal year,
    deposit any remaining proceeds, subject to payments under
    items (1), (2), and (3) into the Capital Projects Fund each
    fiscal year.
    (p) The Department shall be subject to the following
reporting and information request requirements:
        (1) the Department shall submit written quarterly
    reports to the Governor and the General Assembly on the
    activities and actions of the private manager selected
    under this Section;
        (2) upon request of the Chief Procurement Officer, the
    Department shall promptly produce information related to
    the procurement activities of the Department and the
    private manager requested by the Chief Procurement
    Officer; the Chief Procurement Officer must retain
    confidential, proprietary, or trade secret information
    designated by the Department in complete confidence
    pursuant to subsection (g) of Section 7 of the Freedom of
    Information Act; and
        (3) at least 30 days prior to the beginning of the
    Department's fiscal year, the Department shall prepare an
    annual written report on the activities of the private
    manager selected under this Section and deliver that report
    to the Governor and General Assembly.
(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
 
    (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.
    (c) The receipt and distribution of moneys under Section
21.6 of this Act shall be in accordance with Section 21.6.
    (d) The receipt and distribution of moneys under Section
21.7 of this Act shall be in accordance with Section 21.7.
    (e) The receipt and distribution of moneys under Section
21.8 of this Act shall be in accordance with Section 21.8.
    (f) The receipt and distribution of moneys under Section
21.9 of this Act shall be in accordance with Section 21.9.
    (g) The receipt and distribution of moneys under Section
21.10 of this Act shall be in accordance with Section 21.10.
(Source: P.A. 98-649, eff. 6-16-14.)
 
    (20 ILCS 1605/21.10 new)
    Sec. 21.10. Scratch-off for homelessness prevention
programs.
    (a) The Department shall offer a special instant
scratch-off game to fund homelessness prevention programs. The
game shall commence on July 1, 2019 or as soon thereafter, at
the discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The Homelessness Prevention Revenue Fund is created as
a special fund in the State treasury. The net revenue from the
scratch-off game to fund homelessness prevention programs
shall be deposited into the Homelessness Prevention Revenue
Fund. Subject to appropriation, moneys in the Fund shall be
used by the Department of Human Services solely for grants to
homelessness prevention and assistance projects under the
Homelessness Prevention Act.
    As used in this subsection, "net revenue" means the total
amount for which tickets have been sold less the sum of the
amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the
scratch-off game to fund homelessness prevention programs, 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.
    (e) Nothing in this Section shall be construed to affect
any revenue that any Homelessness Prevention line item receives
through the General Revenue Fund or the Illinois Affordable
Housing Trust Fund.
 
    Section 10. The State Finance Act is amended by adding
Section 5.886 as follows:
 
    (30 ILCS 105/5.886 new)
    Sec. 5.886. The Homelessness Prevention Revenue Fund.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2018