SB0149 103RD GENERAL ASSEMBLY

LRB103 00139 AMQ 45143 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0149

Introduced 1/25/2023, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

20 ILCS 1605/9.3
20 ILCS 1605/20	from Ch. 120, par. 1170
20 ILCS 1605/21.15 new
30 ILCS 105/5.990 new

Amends the Illinois Lottery Law. Provides that the Department of the Lottery shall offer a special instant scratch-off game titled "Epilepsy Quality of Life". Provides that the game commences on January 1, 2024 and shall be discontinued on December 31, 2029. Provides that the operation of the game is governed by the Act and by any rules adopted by the Department. Creates the Epilepsy Quality of Life Fund. Provides that the Department shall award grants to qualified recipients in amounts that are proportionate to the annual budget of each recipient in relation to every other recipient. Provides that during the time that tickets are sold for the Epilepsy Quality of Life game, the Department shall not unreasonably diminish the efforts devoted to marketing any other instant scratch-off lottery game. Provides that the Department may adopt any rules necessary to implement the scratch-off game. Makes a corresponding change in the State Finance Act.

A BILL FOR

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 9.3 and 20 and by adding Section 21.15 as follows:

(20 ILCS 1605/9.3)

Sec. 9.3. Expenditure and distribution of lottery proceeds.

(a) Beginning July 1, 2022, except as provided in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13, and 21.15 of this Act and Section 25-70 of the Sports Wagering Act, 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 and including costs of administering the Lottery sports wagering program pursuant to Section 25-70 of the Sports Wagering Act.

(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 the Department's estimate of net lottery proceeds.

(4) If an amount in excess of the annual net lottery proceeds is transferred for a fiscal year, then the Department shall offset the monthly transfers of estimated net lottery proceeds during the following fiscal year by that excess amount. If an amount less than the annual net lottery proceeds is transferred for a fiscal year, then after the related annual fiscal year audit is completed following such fiscal year, the Department shall direct the deposit of any remaining annual net lottery proceeds from such fiscal year, subject to payments under paragraphs (1) and (2), into the Common School Fund as soon thereafter as possible.

(b) The net lottery proceeds shall be determined by deducting from total annual lottery proceeds the expenditures required by paragraphs (1) and (2) of subsection (a). The total annual lottery proceeds and annual net lottery proceeds shall be determined according to generally accepted accounting principles for governmental entities and verified by an annual fiscal year audit.

(Source: P.A. 102-699, eff. 4-19-22.)

(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.

(h) The receipt and distribution of moneys under Section 21.11 of this Act shall be in accordance with Section 21.11.

(i) The receipt and distribution of moneys under Section 21.12 of this Act shall be in accordance with Section 21.12.

(j) The receipt and distribution of moneys under Section 21.13 of this Act shall be in accordance with Section 21.13.

(j-5) The receipt and distribution of moneys under Section 21.15 of this Act shall be in accordance with Section 21.15.

(k) The receipt and distribution of moneys under Section 25-70 of the Sports Wagering Act shall be in accordance with Section 25-70 of the Sports Wagering Act.

(Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; 102-16, eff. 6-17-21.)

(20 ILCS 1605/21.15 new)

Sec. 21.15. Scratch-off for epilepsy mental health counseling, education, and other client-related supportive services.

(a) The Department shall offer a special instant scratch-off game titled "Epilepsy Quality of Life". The game shall commence on January 1, 2024, or as soon thereafter, at the discretion of the Director, as is reasonably practical, and shall be discontinued on December 31, 2029. The operation of the game is governed by this Act and by any rules adopted by the Department.

(b) The Epilepsy Quality of Life Fund is created as a special fund in the State treasury. The net revenue from the Epilepsy Quality of Life special instant scratch-off game shall be deposited into the Fund for appropriation by the General Assembly solely to the Department of Human Services for the purpose of making grants to not-for-profit entities in the State, excluding hospitals, for services provided to individuals with epilepsy, including mental health counseling, education, and other client-related supportive services. Grant funds pertaining to this Section may not be used for institutional, organizational, or indirect costs or levies. Moneys received for the purposes of this Section from net revenue from the special instant scratch-off game must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund. Moneys appropriated from the Fund are intended to augment existing appropriations and shall not be used to supplant existing appropriations.

For the 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 Epilepsy Quality of Life game.

(c) The Department shall award grants to qualified recipients in amounts that are proportionate to the annual budget of each recipient in relation to every other recipient. Grant recipients cannot outsource the services provided to individuals with epilepsy.

(d) During the time that tickets are sold for the Epilepsy Quality of Life game, the Department shall not unreasonably diminish the efforts devoted to marketing any other instant scratch-off lottery game.

(e) The Department may adopt any rules necessary to implement the provisions of this Section.

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Epilepsy Quality of Life Fund.