Sen. Jeffrey M. Schoenberg
Filed: 5/30/2008
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1 | AMENDMENT TO HOUSE BILL 1496
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2 | AMENDMENT NO. ______. Amend House Bill 1496 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Lottery Law is amended by changing | ||||||
5 | Sections 2, 3, 4, 5, 6, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.8, | ||||||
6 | 7.8a, 7.11, 8, 8.1, 9, 10, 10.1, 10.1a, 10.2, 10.3, 10.4, 10.5, | ||||||
7 | 10.6, 10.7, 11, 12, 13, 14, 14.2, 14.3, 15, 16, 17, 19, 20, 21, | ||||||
8 | 21.2, 21.3, 21.5, 24, 25, 26, 27, and 28 and by adding Sections | ||||||
9 | 2.1, 2.2, 2.3, 6.1, 6.2, 20.2, and 21.9 as follows:
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10 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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11 | Sec. 2. This Act is enacted to implement and establish | ||||||
12 | within the State
a lottery to be conducted operated by the | ||||||
13 | State, through the Department, whether that lottery is operated | ||||||
14 | and managed by the State or by a third party pursuant to a | ||||||
15 | Management and Concession Agreement. The operations of a | ||||||
16 | lottery are unique activities for State government, and private |
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1 | management will best enable the lottery to be operated in an | ||||||
2 | entrepreneurial and business-like manner, thereby maximizing | ||||||
3 | value for and benefit to the citizens of the State. Any such | ||||||
4 | private manager shall be accountable to the State through a | ||||||
5 | comprehensive system of State regulation and enduring | ||||||
6 | operational oversight. The State's ongoing conduct of the | ||||||
7 | Lottery throughout the term of a Concession shall act to | ||||||
8 | promote and ensure the integrity, security, honesty, and | ||||||
9 | fairness of the Lottery's operation and administration. the | ||||||
10 | entire net proceeds of which
are to be used for the support of | ||||||
11 | the State's Common School Fund,
except as provided in Sections | ||||||
12 | 21.2, 21.5, 21.6, and 21.7, and 21.7.
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13 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
14 | 95-331, eff. 8-21-07; 95-673, eff. 10-11-07; 95-674, eff. | ||||||
15 | 10-11-07; revised 12-5-07.)
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16 | (20 ILCS 1605/2.1 new) | ||||||
17 | Sec. 2.1. Sale of Lottery prohibited. Notwithstanding any | ||||||
18 | provision of this Act or other applicable law to the contrary, | ||||||
19 | the State may, pursuant to a competitive process that complies | ||||||
20 | with the Illinois Procurement Code and rules adopted under that | ||||||
21 | Code, enter into a Management and Concession Agreement with a | ||||||
22 | third party pursuant to which that party may be authorized to | ||||||
23 | manage or operate the Lottery on behalf of the State, and | ||||||
24 | further pursuant to which that party may receive certain | ||||||
25 | Lottery revenues in consideration of the payment of a fee or |
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1 | fees to the State for that right, provided that the Concession | ||||||
2 | is managed and operated in accordance with the provisions of | ||||||
3 | this Act and that the State at all times retains control of the | ||||||
4 | Lottery and exercises supervisory authority over the | ||||||
5 | Concession sufficient to implement the terms of the Management | ||||||
6 | and Concession Agreement and to effect the purposes of this | ||||||
7 | Act. The Lottery shall remain, for so long as a Concessionaire | ||||||
8 | manages and operates the Concession in accordance with | ||||||
9 | provisions of this Act, a Lottery conducted by the State, and | ||||||
10 | the State shall not be authorized to sell or transfer the | ||||||
11 | Lottery to a third party. | ||||||
12 | The terms of a Management and Concession Agreement shall | ||||||
13 | include, without limitation, all of the following: | ||||||
14 | (a) The term of the Concession shall be no less than 50 | ||||||
15 | years and shall not exceed 60 years, with extensions of up | ||||||
16 | to 5 additional years. | ||||||
17 | (b) The consideration paid to the State for a | ||||||
18 | Concessionaire's right to manage and operate the | ||||||
19 | Concession shall have a value not less than | ||||||
20 | $10,000,000,000. | ||||||
21 | (c) At least 19% of the value of all contracts and | ||||||
22 | agreements entered into by the Concessionaire for goods and | ||||||
23 | services in connection with its management and operation of | ||||||
24 | the Lottery, other than contracts or agreements with sales | ||||||
25 | agents or technical operators, must be awarded to | ||||||
26 | businesses that are a "minority owned business", a "female |
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1 | owned business", or a business owned by a person with a | ||||||
2 | disability as those terms are defined in the Business | ||||||
3 | Enterprise for Minorities, Females, and Persons with | ||||||
4 | Disabilities Act. For purposes of this item (c), all | ||||||
5 | contracts entered into by a technical operator shall be | ||||||
6 | deemed to be contracts entered by the Concessionaire. A | ||||||
7 | contract by which the Concessionaire retains a technical | ||||||
8 | operator shall be exempt from the requirements of this item | ||||||
9 | (c). For purposes of this item (c), a technical operator | ||||||
10 | means an entity that, pursuant to the terms of this | ||||||
11 | amendatory Act of the 95th General Assembly and the | ||||||
12 | Concession Agreement, is substantially involved in the | ||||||
13 | day-to-day operations of the Lottery in a manner that | ||||||
14 | includes (i) the design and production of lottery games or | ||||||
15 | lottery game equipment, or (ii) the provision and | ||||||
16 | maintenance of lottery equipment, or (iii) the operation | ||||||
17 | and monitoring of lottery games or other regulated gaming | ||||||
18 | activities, or (iv) the development and maintenance of a | ||||||
19 | distribution network, or (v) the verification of game | ||||||
20 | outcomes, or an entity responsible for other significant | ||||||
21 | regulated gaming activities. | ||||||
22 | (d) The State shall at all times during which a | ||||||
23 | Management and Concession Agreement is in effect retain the | ||||||
24 | right to receive an amount equal to 20% of Lottery gross | ||||||
25 | revenues, after prize payouts. | ||||||
26 | (e) The minimum payout ratios with respect to instant |
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1 | Lottery games and online Lottery games, as defined in the | ||||||
2 | Management and Concession Agreement, shall be in the | ||||||
3 | aggregate at least 55% of all ticket revenues attributable | ||||||
4 | to such instant Lottery games and online Lottery games. | ||||||
5 | (f) In any zip code where the poverty rate, as | ||||||
6 | determined by using the most recent data released by the | ||||||
7 | United States Census Bureau, is at least 3% higher than the | ||||||
8 | State poverty rate as determined using the most recent data | ||||||
9 | released by the United States Census Bureau, the | ||||||
10 | Concessionaire shall not increase the number of licensed | ||||||
11 | Lottery ticket vendors by greater than 10% from the number | ||||||
12 | of vendors then licensed in the zip code. | ||||||
13 | The Director is authorized to enter into a Management and | ||||||
14 | Concession Agreement on behalf of the State on the foregoing | ||||||
15 | terms and such other terms as the Director shall determine, | ||||||
16 | consistent with this amendatory Act of the 95th General | ||||||
17 | Assembly. All of the acts of officials authorized by the State | ||||||
18 | that are in conformity with the intent and purposes of this | ||||||
19 | amendatory Act of the 95th General Assembly, whether heretofore | ||||||
20 | or hereafter taken or done, shall be and are ratified, | ||||||
21 | confirmed, authorized, and approved hereby in all respects. To | ||||||
22 | the extent any provision of the Illinois Procurement Code (30 | ||||||
23 | ILCS 500/) or any other law is in conflict with this amendatory | ||||||
24 | Act of the 95th General Assembly insofar as it relates to any | ||||||
25 | Transaction Documents, the provisions of this amendatory Act | ||||||
26 | shall be controlling. |
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1 | The Director, and such State officers as may be designated | ||||||
2 | by the Director, are authorized to execute and deliver on | ||||||
3 | behalf of the State any and all documents as the executing | ||||||
4 | State officer shall deem appropriate in connection with the | ||||||
5 | State entering into or performing its obligations under the | ||||||
6 | Transaction Documents and to do all such other acts and things | ||||||
7 | as may be necessary, advisable, or appropriate to carry out, | ||||||
8 | and perform the State's obligations under the Transaction | ||||||
9 | Documents. | ||||||
10 | The Department of Revenue is authorized and empowered to | ||||||
11 | enter into a public/private partnership agreement with any | ||||||
12 | lessor of the State Lottery (the "Concessionaire"), whereby the | ||||||
13 | Department of Revenue employees may provide services for a fee | ||||||
14 | to the Concessionaire to assist the Concessionaire in the | ||||||
15 | administration and operation of the State Lottery. The | ||||||
16 | Concessionaire shall contract with the Department of Revenue | ||||||
17 | under a public/private partnership agreement for all work that, | ||||||
18 | if performed by employees of the State, would be performed by | ||||||
19 | employees, as defined by the Illinois Public Labor Relations | ||||||
20 | Act (IPLRA). The Department of Revenue shall be the employer of | ||||||
21 | all non-managerial, non-supervisory, and non-confidential | ||||||
22 | employees, as defined by the IPLRA, assigned to perform such | ||||||
23 | work for the Concessionaire pursuant to the public/private | ||||||
24 | partnership agreement, and such employees shall be State | ||||||
25 | employees, as defined by the Personnel Code. As employees of | ||||||
26 | the Department of Revenue, such employees shall have the same |
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1 | employment rights and duties, and be subject to the same | ||||||
2 | employment policies, rules, regulations, and procedures, as | ||||||
3 | other employees of the Department of Revenue. Neither | ||||||
4 | historical representation rights under the IPLRA nor existing | ||||||
5 | collective bargaining agreements shall be disturbed by the sale | ||||||
6 | or lease of the State Lottery. Upon expiration of the | ||||||
7 | applicable collective bargaining agreement on or after June 30, | ||||||
8 | 2012, the Concessionaire shall retain the employees performing | ||||||
9 | such work on the expiration date and shall recognize the | ||||||
10 | bargaining agent or agents and honor any existing agreement in | ||||||
11 | conformity with applicable law. During the pendency of a | ||||||
12 | collective bargaining agreement expiring on or after June 30, | ||||||
13 | 2012, any employee assigned by the State to perform work for | ||||||
14 | the Concessionaire shall, upon written request to the Director | ||||||
15 | of Central Management Services, be offered employment, without | ||||||
16 | loss of pay or benefits with the State of Illinois, in the same | ||||||
17 | county in which the employee was assigned to perform such work. | ||||||
18 | (20 ILCS 1605/2.2 new) | ||||||
19 | Sec. 2.2. Proceeds of concession transaction and future | ||||||
20 | proceeds payable to the State under a Management and Concession | ||||||
21 | Agreement; payment of transaction costs; deposit of proceeds | ||||||
22 | into Funds. After the payment of all transaction-related costs, | ||||||
23 | in one or a series of transactions: (i) proceeds of the | ||||||
24 | Concession transaction or transactions authorized pursuant to | ||||||
25 | this amendatory Act of the 95th General Assembly shall be |
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1 | deposited into the Illinois Works Fund in an amount not to | ||||||
2 | exceed $7,000,000,000, (ii) all proceeds of the Concession | ||||||
3 | transaction or transactions authorized pursuant to this | ||||||
4 | amendatory Act of the 95th General Assembly in excess of | ||||||
5 | $7,000,000,000 but not greater than $11,000,000,000 shall be | ||||||
6 | deposited into the Illinois Education Trust Fund, and (iii) all | ||||||
7 | proceeds of the Concession transaction or transactions | ||||||
8 | authorized pursuant to this amendatory Act of the 95th General | ||||||
9 | Assembly in excess of $11,000,000,000 shall be deposited into | ||||||
10 | the Pension Stabilization Fund. | ||||||
11 | (20 ILCS 1605/2.3 new)
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12 | Sec. 2.3. Creation of the Illinois Education Trust Fund; | ||||||
13 | State Treasurer's investment of moneys. There is created in the | ||||||
14 | State Treasury the Illinois Education Trust Fund. | ||||||
15 | Notwithstanding any other statute to the contrary, the State | ||||||
16 | Treasurer is hereby authorized to and shall invest all moneys | ||||||
17 | deposited into the Illinois Education Trust Fund pursuant to | ||||||
18 | this amendatory Act of the 95th General Assembly, and the | ||||||
19 | Treasurer shall make all reasonable efforts to accrue a return | ||||||
20 | on investment of at least 5% per annum, using debt instruments | ||||||
21 | or securities that are either (i) issued by a counterparty with | ||||||
22 | a credit rating of Aa3 or higher by Moody's Investor Services | ||||||
23 | or AA- or higher by Standard & Poor's or (ii) enhanced and bear | ||||||
24 | a credit rating of Aa3 or higher by Moody's Investor Services | ||||||
25 | or AA- or higher by Standard & Poor's. Any changes in the |
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1 | purposes or use of this Fund, or changes in the revenues | ||||||
2 | directed to this Fund, must be approved by a three-fifths vote | ||||||
3 | of the members of both the Senate and the House of | ||||||
4 | Representatives. | ||||||
5 | Notwithstanding any other State law to the contrary, on or | ||||||
6 | before the last day of each fiscal year the State Comptroller | ||||||
7 | shall direct and the State Treasurer shall transfer from the | ||||||
8 | Illinois Education Trust Fund to the State Lottery Fund the | ||||||
9 | amount necessary to provide for the transfer of $600,000,000 in | ||||||
10 | that fiscal year from the State Lottery Fund to the Common | ||||||
11 | School Fund in accordance with the provisions of Section 20.2 | ||||||
12 | of this Act.
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13 | (20 ILCS 1605/3) (from Ch. 120, par. 1153)
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14 | Sec. 3. Definitions. For the purposes of this Act:
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15 | a. "Lottery" or "State Lottery" means the lottery or | ||||||
16 | lotteries
established and operated pursuant to this Act.
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17 | b. "Board" means the Lottery Control Board created by this | ||||||
18 | Act.
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19 | c. "Department" means the Department of Revenue.
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20 | d. "Director" means the Director of Revenue.
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21 | e. "Chairman" means the Chairman of the Lottery Control | ||||||
22 | Board.
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23 | f. "Multi-state game directors" means such persons, | ||||||
24 | including the
Superintendent, as may be designated by an
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25 | agreement between the Division and one or more additional
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1 | lotteries operated under the laws of another state or states.
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2 | g. "Division" means the Division of the State Lottery of | ||||||
3 | the Department of Revenue.
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4 | h. "Superintendent" means the Superintendent of the | ||||||
5 | Division of the State Lottery of the Department of Revenue.
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6 | i. "Concession" means the right of a Concessionaire to | ||||||
7 | manage or operate the Lottery pursuant to the terms of a | ||||||
8 | Management and Concession Agreement and this Act. | ||||||
9 | j. "Management and Concession Agreement" means that | ||||||
10 | agreement and all schedules, exhibits, and attachments | ||||||
11 | thereto, entered into pursuant to a competitive process and | ||||||
12 | pursuant to which the State may grant a license or other | ||||||
13 | contractual right to manage or operate the Lottery to a | ||||||
14 | Concessionaire, and further pursuant to which a Concessionaire | ||||||
15 | may receive certain Lottery ticket or share sales and related | ||||||
16 | proceeds in consideration of the payment of a fee or fees to | ||||||
17 | the State. | ||||||
18 | k. "Concessionaire" means a third party that manages or | ||||||
19 | operates the Lottery pursuant to a Management and Concession | ||||||
20 | Agreement then in effect. | ||||||
21 | l. "Conducted by the State" means the management and | ||||||
22 | operation of the Lottery pursuant to the terms of this Act, | ||||||
23 | whether directly by the State or by a Concessionaire pursuant | ||||||
24 | to the terms of a Management and Concession Agreement as | ||||||
25 | provided for in this amendatory Act of the 95th General | ||||||
26 | Assembly. The Concessionaire shall at all times remain |
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1 | accountable to the State and the people of the State through a | ||||||
2 | comprehensive system of State regulation and enduring | ||||||
3 | operational oversight, which shall include, without | ||||||
4 | limitation, the Concessionaire's regular provision and the | ||||||
5 | State's ongoing review and analysis of audits, reports, and | ||||||
6 | financial disclosures as required by this amendatory Act of the | ||||||
7 | 95th General Assembly. | ||||||
8 | m. "Transaction Documents" means all documents drafted, | ||||||
9 | prepared, or composed in connection with the Management and | ||||||
10 | Concession Agreement, including but not limited to all | ||||||
11 | documents reflecting or relating to any solicitation or | ||||||
12 | presolicitation activities the State may have undertaken | ||||||
13 | regarding a possible Concession. | ||||||
14 | (Source: P.A. 94-776, eff. 5-19-06.)
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15 | (20 ILCS 1605/4) (from Ch. 120, par. 1154)
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16 | Sec. 4. Department established. The Department of the | ||||||
17 | Lottery is
established to implement and regulate the State | ||||||
18 | Lottery in the manner
provided in this Act. | ||||||
19 | In accordance with Executive Order No. 9 (2003), the | ||||||
20 | Division of the State Lottery is established within the | ||||||
21 | Department of Revenue. Unless otherwise provided by law, the | ||||||
22 | Division of the State Lottery shall be subject to and governed | ||||||
23 | by all of the laws and rules applicable to the Department.
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24 | (Source: P.A. 94-776, eff. 5-19-06.)
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1 | (20 ILCS 1605/5) (from Ch. 120, par. 1155)
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2 | Sec. 5. Superintendent. The Division shall be under
the | ||||||
3 | supervision and direction
of a Superintendent, who
shall be a | ||||||
4 | person qualified by
training and experience to perform the | ||||||
5 | duties required by this Act. The
Superintendent shall be | ||||||
6 | appointed by the Governor, by and with the advice
and consent | ||||||
7 | of the Senate. The term of office of the Superintendent shall
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8 | expire on the third Monday of January in odd numbered years | ||||||
9 | provided that
he or she shall hold office until a successor is | ||||||
10 | appointed and qualified.
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11 | Any vacancy occurring in the office of the Superintendent | ||||||
12 | shall be
filled in the same manner as the original appointment.
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13 | The Superintendent shall devote his or her entire time and | ||||||
14 | attention to the
duties of the office and shall not be engaged | ||||||
15 | in any other profession or
occupation. The Superintendent shall | ||||||
16 | receive such salary as shall be provided by law.
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17 | (Source: P.A. 94-776, eff. 5-19-06.)
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18 | (20 ILCS 1605/6) (from Ch. 120, par. 1156)
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19 | Sec. 6. Lottery Control Board; creation; appointment; | ||||||
20 | chairman; terms; vacancies; removal; compensation; meetings; | ||||||
21 | quorum. There is hereby created an independent board to be | ||||||
22 | known as the
Lottery Control Board, consisting of 5 members, | ||||||
23 | all of whom shall be
citizens of the United States and | ||||||
24 | residents of this State and shall be
appointed by the Governor | ||||||
25 | with the advice and consent of the Senate. No
more than 3 of |
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1 | the 5 members shall be members of the same political
party. A | ||||||
2 | chairman of the Board shall be chosen annually from the
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3 | membership of the Board by a majority of the members of the | ||||||
4 | Board at the
first meeting of the Board each fiscal year.
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5 | Initial members shall be appointed to the Board by the | ||||||
6 | Governor as
follows: one member to serve until July 1, 1974, | ||||||
7 | and until his successor
is appointed and qualified; 2 members | ||||||
8 | to serve until July 1, 1975, and
until their successors are | ||||||
9 | appointed and qualified; 2 members to serve
until July 1, 1976, | ||||||
10 | and until their successors are appointed and
qualified. As | ||||||
11 | terms of members so appointed expire, their successors
shall be | ||||||
12 | appointed for terms to expire the first day in July 3 years
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13 | thereafter, and until their successors are appointed and | ||||||
14 | qualified.
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15 | Any vacancy in the Board occurring for any reason other | ||||||
16 | than
expiration of term, shall be filled for the unexpired term | ||||||
17 | in the same
manner as the original appointment.
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18 | Any member of the Board may be removed by the Governor for | ||||||
19 | neglect of
duty, misfeasance, malfeasance, or nonfeasance in | ||||||
20 | office.
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21 | Board members shall receive as compensation for their | ||||||
22 | services $100
for each day they are in attendance at any | ||||||
23 | official board meeting, but in
no event shall members receive | ||||||
24 | more than $1,200 per year. They
shall receive no other | ||||||
25 | compensation for their services, but shall be
reimbursed for | ||||||
26 | necessary traveling and other reasonable expenses
incurred in |
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1 | the performance of their official duties. Each member shall
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2 | make a full financial disclosure upon appointment.
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3 | The Board shall hold at least one meeting each quarter of | ||||||
4 | the fiscal
year. In addition,
special meetings may be called by | ||||||
5 | the Chairman, any 2 Board members, or
the Director of the | ||||||
6 | Department, upon delivery of 72 hours'
written notice to the | ||||||
7 | office of each member. All Board meetings shall be
open to the | ||||||
8 | public pursuant to the Open Meetings Act.
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9 | Three members of the Board shall constitute a quorum, and 3 | ||||||
10 | votes
shall be required for any final determination by the | ||||||
11 | Board. The Board
shall keep a complete and accurate record of | ||||||
12 | all its meetings.
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13 | (Source: P.A. 84-1128.)
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14 | (20 ILCS 1605/6.1 new) | ||||||
15 | Sec. 6.1. Lottery Control Board's Authorization to | ||||||
16 | Implement the Act and Oversee Concession. The term of each | ||||||
17 | appointed member of the Board who is in office on May 31, 2008 | ||||||
18 | shall terminate at the close of business on that date or when | ||||||
19 | all of the new members to be initially appointed under this | ||||||
20 | amendatory Act of the 95th General Assembly have been appointed | ||||||
21 | by the Governor, whichever occurs later. | ||||||
22 | Beginning on June 1, 2008 or when all of the new members of | ||||||
23 | the Board to be initially appointed under this amendatory Act | ||||||
24 | of the 95th General Assembly have been appointed by the | ||||||
25 | Governor, whichever occurs later, the Board shall consist of 7 |
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1 | members, all of whom shall be citizens of the United States and | ||||||
2 | residents of this State and shall be appointed by the Governor | ||||||
3 | with the advice and consent of the Senate. No more than 4 of | ||||||
4 | the 7 members shall be members of the same political party. A | ||||||
5 | chairman of the Board shall be chosen annually from the | ||||||
6 | membership of the Board by a majority of the members of the | ||||||
7 | Board at the first meeting of the Board each fiscal year. | ||||||
8 | Members shall be appointed to the Board by the Governor as | ||||||
9 | follows: 2 members to serve until July 1, 2009, and until their | ||||||
10 | successors are appointed and qualified; 2 members to serve | ||||||
11 | until July 1, 2010, and until their successors are appointed | ||||||
12 | and qualified; 3 members to serve until July 1, 2011, and until | ||||||
13 | their successors are appointed and qualified. As terms of | ||||||
14 | members so appointed expire, their successors shall be | ||||||
15 | appointed for terms to expire the first day in July 3 years | ||||||
16 | thereafter, and until their successors are appointed and | ||||||
17 | qualified. Members of the Board serving prior to the effective | ||||||
18 | date of this amendatory Act of the 95th General Assembly shall | ||||||
19 | be discharged of their duties and replaced by members appointed | ||||||
20 | pursuant to this Section in the sequence in which those prior | ||||||
21 | serving members were appointed. | ||||||
22 | Any vacancy in the Board occurring for any reason other | ||||||
23 | than expiration of term shall be filled for the unexpired term | ||||||
24 | in the same manner as the original appointment. | ||||||
25 | Any member of the Board may be removed by the Governor for | ||||||
26 | neglect of duty, misfeasance, malfeasance, or nonfeasance in |
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1 | office. | ||||||
2 | Board members shall receive as compensation for their | ||||||
3 | services $250 for each day they are in attendance at any | ||||||
4 | official board meeting, but in no event shall members receive | ||||||
5 | more than $3,000 per year. They shall receive no other | ||||||
6 | compensation for their services, but shall be reimbursed for | ||||||
7 | necessary traveling and other reasonable expenses incurred in | ||||||
8 | the performance of their official duties. All such compensation | ||||||
9 | and reimbursement shall be paid from proceeds of the | ||||||
10 | Concession. | ||||||
11 | The Board shall hold at least one meeting each quarter of | ||||||
12 | the fiscal year. In addition, special meetings may be called by | ||||||
13 | the chairman, any 4 Board members, or the Director of the | ||||||
14 | Department, upon delivery of 72 hours' written notice to each | ||||||
15 | member. All Board meetings shall be open to the public pursuant | ||||||
16 | to the Open Meetings Act. | ||||||
17 | Four members of the Board shall constitute a quorum, and 4 | ||||||
18 | votes shall be required for any final determination by the | ||||||
19 | Board. The Board shall keep a complete and accurate record of | ||||||
20 | all its meetings. | ||||||
21 | The Board shall have general responsibility for the | ||||||
22 | implementation of this Act and the oversight and implementation | ||||||
23 | of any Management and Concession Agreement. The Board shall | ||||||
24 | have jurisdiction and oversight over all Lottery and Concession | ||||||
25 | operations governed by this Act and shall have all powers | ||||||
26 | necessary and proper to fully and effectively execute the |
| |||||||
| |||||||
1 | provisions of this Act. Its duties include, without limitation, | ||||||
2 | the following: | ||||||
3 | (1) to conduct all hearings pertaining to rules and | ||||||
4 | regulations promulgated under this Act; | ||||||
5 | (2) to promulgate such rules and regulations as in its | ||||||
6 | judgment may be necessary to protect or enhance the | ||||||
7 | credibility and integrity of the Lottery and enforce the | ||||||
8 | provisions of the Management and Concession Agreement | ||||||
9 | authorized by this Act and the regulatory process under | ||||||
10 | this Act; | ||||||
11 | (3) to be present through its inspectors and agents any | ||||||
12 | time Lottery operations are conducted pursuant to this Act | ||||||
13 | or the Management and Concession Agreement for the purpose | ||||||
14 | of determining compliance therewith, receiving complaints | ||||||
15 | from the public, and conducting such other investigations | ||||||
16 | into the conduct of Lottery games and operations and the | ||||||
17 | maintenance of all Lottery equipment as from time to time | ||||||
18 | the Board may deem necessary and proper; | ||||||
19 | (4) to implement and administer the Concession and | ||||||
20 | Management Agreement, including, without limitation, the | ||||||
21 | supervision and administration of the operation of the | ||||||
22 | Lottery in accordance with this Act, the rules and | ||||||
23 | regulations of the Board adopted hereunder, and the terms | ||||||
24 | of the Management and Concession Agreement; | ||||||
25 | (5) to investigate parties providing Concession and | ||||||
26 | Lottery-related services; |
| |||||||
| |||||||
1 | (6) to review all contracts entered into by the | ||||||
2 | Concessionaire of the Management and Concession Agreement | ||||||
3 | for the purpose of implementing and executing the | ||||||
4 | Management and Concession Agreement; and to review and | ||||||
5 | approve all contracts entered into by the Concessionaire, | ||||||
6 | directly or indirectly, for the purpose of implementing and | ||||||
7 | executing the Management and Concession Agreement, with an | ||||||
8 | aggregate amount of $100,000 or more or for a term to | ||||||
9 | exceed 365 days; | ||||||
10 | (7) to have jurisdiction and supervision over all | ||||||
11 | Lottery and Concession operations; | ||||||
12 | (8) to promulgate rules and regulations for the purpose | ||||||
13 | of administering the provisions of this Act and the | ||||||
14 | Management and Concession Agreement and to prescribe | ||||||
15 | rules, regulations, and conditions under which the Lottery | ||||||
16 | shall be conducted; those rules and regulations are to | ||||||
17 | provide for the prevention of practices detrimental to the | ||||||
18 | public interest and for the best interests of citizens of | ||||||
19 | the State, including rules and regulations regarding | ||||||
20 | inspection; | ||||||
21 | (9) to enter the office, facilities, or other places of | ||||||
22 | business of a Concessionaire, where evidence of the | ||||||
23 | compliance or noncompliance with the provisions of this Act | ||||||
24 | or the Management and Concession Agreement is likely to be | ||||||
25 | found; | ||||||
26 | (10) to investigate alleged violations of this Act or |
| |||||||
| |||||||
1 | the rules of the Board and to take appropriate disciplinary | ||||||
2 | action against a Concessionaire and its contractors and | ||||||
3 | licensees for a violation, or institute appropriate legal | ||||||
4 | action for enforcement, or both; | ||||||
5 | (11) to ensure that any Concessionaire maintains | ||||||
6 | appropriate standards for Lottery ticket vendors; | ||||||
7 | (12) to require that records, including financial or | ||||||
8 | other statements of any Concessionaire, manager, or | ||||||
9 | operator under this Act, shall be kept in such manner as | ||||||
10 | prescribed by the Board and that any such Concessionaire, | ||||||
11 | manager, or operator regularly submit to the Board a | ||||||
12 | balance sheet and profit and loss statement, list of the | ||||||
13 | stockholders or other persons having a beneficial interest | ||||||
14 | in such amounts as may be determined by the Board, and any | ||||||
15 | other information the Board deems necessary in order to | ||||||
16 | effectively administer this Act and all rules, | ||||||
17 | regulations, orders, and final decisions promulgated under | ||||||
18 | this Act; | ||||||
19 | (13) to conduct hearings, issue subpoenas for the | ||||||
20 | attendance of witnesses and subpoenas duces tecum for the | ||||||
21 | production of books, records, and other pertinent | ||||||
22 | documents in accordance with the Illinois Administrative | ||||||
23 | Procedure Act, and to administer oaths and affirmations to | ||||||
24 | the witnesses, when, in the judgment of the Board, it is | ||||||
25 | necessary to administer or enforce this Act or the Board | ||||||
26 | rules; |
| |||||||
| |||||||
1 | (14) to hire employees to gather information, conduct | ||||||
2 | investigations, and carry out any other tasks contemplated | ||||||
3 | under this Act; | ||||||
4 | (15) to delegate the execution of any of its powers | ||||||
5 | under this Act for the purpose of administering and | ||||||
6 | enforcing this Act and its rules and regulations; and | ||||||
7 | (16) to take any other action as may be reasonable or | ||||||
8 | appropriate to enforce this Act and its rules and | ||||||
9 | regulations. | ||||||
10 | The Board may seek and shall receive the cooperation of the | ||||||
11 | Department of State Police in conducting background | ||||||
12 | investigations of parties and in fulfilling its | ||||||
13 | responsibilities under this Section. Costs incurred by the | ||||||
14 | Department of State Police as a result of that cooperation | ||||||
15 | shall be paid by the Board in conformance with the requirements | ||||||
16 | of Section 2605-400 of the Department of State Police Law. | ||||||
17 | In the event that the State shall enter into a Management | ||||||
18 | and Concession Agreement, the Board may instruct the | ||||||
19 | Superintendent, on behalf of the Concessionaire, to enter into | ||||||
20 | an agreement or agreements with the management of state | ||||||
21 | lotteries operated pursuant to the laws of other states for the | ||||||
22 | purpose of creating and operating a multi-state lottery game | ||||||
23 | wherein a separate and distinct prize pool would be combined to | ||||||
24 | award larger prizes to the public than could be offered by the | ||||||
25 | several state lotteries individually. In the event that the | ||||||
26 | State shall enter into a Management and Concession Agreement, |
| |||||||
| |||||||
1 | no tickets or shares offered in connection with a multi-state | ||||||
2 | lottery game shall be sold within the State, except those | ||||||
3 | offered by the Concessionaire pursuant to the terms of the | ||||||
4 | Management and Concession Agreement and this amendatory Act of | ||||||
5 | the 95th General Assembly. No such agreement shall purport to | ||||||
6 | pledge the full faith and credit of the State of Illinois. No | ||||||
7 | multi-state game prize awarded to a nonresident of Illinois, | ||||||
8 | with respect to a ticket or share purchased in a state other | ||||||
9 | than the State of Illinois, shall be deemed to be a prize | ||||||
10 | awarded under this Act for the purpose of taxation under the | ||||||
11 | Illinois Income Tax Act. | ||||||
12 | (20 ILCS 1605/6.2 new)
| ||||||
13 | Sec. 6.2. Ethics provisions. | ||||||
14 | (a) Conflict of interest. Board members and employees may | ||||||
15 | not engage in communications or any activity that may cause or | ||||||
16 | have the appearance of causing a conflict of interest. A | ||||||
17 | conflict of interest exists if a situation influences or | ||||||
18 | creates the appearance that it may influence judgment or | ||||||
19 | performance of regulatory duties and responsibilities. This | ||||||
20 | prohibition shall extend to any act identified by Board action | ||||||
21 | that, in the judgment of the Board, could represent the | ||||||
22 | potential for or the appearance of a conflict of interest. | ||||||
23 | (b) No State constitutional officer or member of the | ||||||
24 | General Assembly nor an entity from which the State | ||||||
25 | constitutional officer or member of the General Assembly |
| |||||||
| |||||||
1 | receives compensation may own a direct interest in the | ||||||
2 | Concessionaire or have a financial interest or relationship | ||||||
3 | with any entity that owns or is an affiliate of the | ||||||
4 | Concessionaire during the current term or for a period of 5 | ||||||
5 | years after the State constitutional officer or member of the | ||||||
6 | General Assembly leaves office. The holding or acquisition of | ||||||
7 | an interest in such entities through indirect means, such as | ||||||
8 | through a mutual fund, shall not be prohibited. For purposes of | ||||||
9 | this subsection (b), "State constitutional officer or member of | ||||||
10 | the General Assembly" includes the spouse or minor child of the | ||||||
11 | State constitutional officer or member of the General Assembly. | ||||||
12 | A violation of this subsection (b) is a Class 4 felony. | ||||||
13 | (c) Financial interest. Board members and employees may not | ||||||
14 | have a financial interest, directly or indirectly, in his or | ||||||
15 | her own name or in the name of any other person, partnership, | ||||||
16 | association, trust, corporation, or other entity, in any | ||||||
17 | contract or subcontract for the performance of any work for the | ||||||
18 | Board or for the Concessionaire. This prohibition shall extend | ||||||
19 | to the holding or acquisition of an interest in any entity | ||||||
20 | identified by Board action that, in the judgment of the Board, | ||||||
21 | could represent the potential for or the appearance of a | ||||||
22 | financial interest. The holding or acquisition of an interest | ||||||
23 | in such entities through an indirect means, such as through a | ||||||
24 | mutual fund, shall not be prohibited. | ||||||
25 | (d) Outside employment. A Board member or an employee may | ||||||
26 | not, within a period of 5 years immediately after termination |
| |||||||
| |||||||
1 | of employment, knowingly accept employment or receive | ||||||
2 | compensation or fees for services from a person or entity, or | ||||||
3 | its parent or affiliate, that has engaged in business with the | ||||||
4 | Board that resulted in contracts with an aggregate value of at | ||||||
5 | least $25,000 or if that Board member, employee, or the | ||||||
6 | Director has made a decision that directly applied to the | ||||||
7 | person or entity, or its parent or affiliate. Board members and | ||||||
8 | employees shall not hold or pursue any employment, office, | ||||||
9 | position, business, or occupation that conflicts with his or | ||||||
10 | her official duties. | ||||||
11 | (e) Gift ban. Board members and employees may not accept | ||||||
12 | any gift, gratuity, service, compensation, travel, lodging, or | ||||||
13 | thing of value, with the exception of unsolicited items of an | ||||||
14 | incidental nature, from any person, corporation or entity doing | ||||||
15 | business with the Board. | ||||||
16 | (f) Abuse of Position. A Board member or employee shall not | ||||||
17 | use or attempt to use his or her official position to secure, | ||||||
18 | or attempt to secure, any privilege, advantage, favor, or | ||||||
19 | influence for himself or herself or others. No Board member or | ||||||
20 | employee may attempt, in any way, to influence any person or | ||||||
21 | corporation doing business with the Board or any officer, | ||||||
22 | agent, or employee thereof to hire or contract with any person | ||||||
23 | or corporation for any compensated work. | ||||||
24 | (g) Political Activity. Board members and employees shall | ||||||
25 | not engage in any political activity. For the purposes of this | ||||||
26 | subsection, "political activity" means any activity in support |
| |||||||
| |||||||
1 | of or in connection with any campaign for State or local | ||||||
2 | elective office or any political organization, but does not | ||||||
3 | include activities (i) relating to the support or opposition of | ||||||
4 | any executive, legislative, or administrative action (as those | ||||||
5 | terms are defined in Section 2 of the Lobbyist Registration | ||||||
6 | Act), (ii) relating to collective bargaining, or (iii) that are | ||||||
7 | otherwise in furtherance of the person's official State duties | ||||||
8 | or governmental and public service functions. | ||||||
9 | (h) A spouse, child, or parent of a Board member or an | ||||||
10 | employee may not: | ||||||
11 | (1) Have a financial interest, directly or indirectly, | ||||||
12 | in his or her own name or in the name of any other person, | ||||||
13 | partnership, association, trust, corporation, or other | ||||||
14 | entity, in any contract or subcontract for the performance | ||||||
15 | of any work for the Board or the Concessionaire. This | ||||||
16 | prohibition shall extend to the holding or acquisition of | ||||||
17 | an interest in any entity identified by Board action that, | ||||||
18 | in the judgment of the Board, could represent the potential | ||||||
19 | for or the appearance of a conflict of interest. The | ||||||
20 | holding or acquisition of an interest in such entities | ||||||
21 | through an indirect means, such as through a mutual fund, | ||||||
22 | shall not be prohibited. | ||||||
23 | (2) Accept any gift, gratuity, service, compensation, | ||||||
24 | travel, lodging, or thing of value, with the exception of | ||||||
25 | unsolicited items of an incidental nature, from any person, | ||||||
26 | corporation or entity doing business with the Board. |
| |||||||
| |||||||
1 | (3) Within a period of 2 years immediately after | ||||||
2 | termination of employment, knowingly accept employment or | ||||||
3 | receive compensation or fees for services from a person or | ||||||
4 | entity, or its parent or affiliate, that has engaged in | ||||||
5 | business with the Board that resulted in contracts with an | ||||||
6 | aggregate value of at least $25,000 or if the Board has | ||||||
7 | made a decision that directly applied to the person or | ||||||
8 | entity, or its parent or affiliate. | ||||||
9 | (i) Any Board member or employee or spouse, child, or | ||||||
10 | parent of a Board member or employee who violates any provision | ||||||
11 | of this Section is guilty of a Class 4 felony.
| ||||||
12 | (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
| ||||||
13 | Sec. 7.1. Rules and regulations. The Department may shall | ||||||
14 | promulgate such rules and
regulations governing the | ||||||
15 | establishment
and operation of a State lottery as it deems | ||||||
16 | necessary to carry out the
purposes of this Act. Such rules and | ||||||
17 | regulations shall be subject to the
provisions of The Illinois | ||||||
18 | Administrative Procedure Act. If the State enters into a | ||||||
19 | Management and Concession Agreement pursuant to which a | ||||||
20 | Concessionaire is authorized to manage or operate the Lottery, | ||||||
21 | the Board shall assume the Department's authorities and | ||||||
22 | discharge the Department's duties under this Section and | ||||||
23 | Section 7.2 of this Act. The Division may shall issue written | ||||||
24 | game rules, play instructions, directives, operations manuals, | ||||||
25 | brochures, or any other publications necessary to conduct |
| |||||||
| |||||||
1 | specific games, as authorized by rule by the Department.
Any | ||||||
2 | written game rules, play instructions, directives, operations | ||||||
3 | manuals,
brochures, or other game publications issued by the | ||||||
4 | Division that relate
to a specific lottery game shall be | ||||||
5 | maintained as a public record in the
Division's principal | ||||||
6 | office, and made available for public inspection and
copying | ||||||
7 | but shall be exempt from the rulemaking procedures of the | ||||||
8 | Illinois
Administrative Procedure Act. However, when such | ||||||
9 | written materials contain
any policy of general applicability, | ||||||
10 | the Division shall formulate and
adopt such policy as a rule in | ||||||
11 | accordance with the provisions of the
Illinois Administrative | ||||||
12 | Procedure Act. In addition, the Division shall
publish each | ||||||
13 | January in the Illinois Register a list of all game-specific
| ||||||
14 | rules, play instructions, directives, operations manuals, | ||||||
15 | brochures, or
other game-specific publications issued by the | ||||||
16 | Division during the
previous year , if any, and instructions | ||||||
17 | concerning how the public may obtain copies
of these materials | ||||||
18 | from the Division. In the event that the State enters into a | ||||||
19 | Management and Concession Agreement, the Concessionaire shall | ||||||
20 | be permitted to offer lottery games in accordance with the | ||||||
21 | provisions of this Act, the rules and regulations of the Board | ||||||
22 | adopted hereunder, and the terms of the Management and | ||||||
23 | Concession Agreement.
| ||||||
24 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
25 | (20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
|
| |||||||
| |||||||
1 | Sec. 7.2. Matters included in rules and regulations. The | ||||||
2 | rules and regulations of the Department or, if the State enters | ||||||
3 | into a Management and Concession Agreement pursuant to which a | ||||||
4 | Concessionaire is authorized to manage or operate the lottery, | ||||||
5 | the Board may include, but
shall not be limited to, the | ||||||
6 | following:
| ||||||
7 | (1) The types of lotteries to be conducted . ;
| ||||||
8 | (2) The price, or prices, of tickets or shares in the | ||||||
9 | lottery . ;
| ||||||
10 | (3) The numbers and sizes of the prizes on the winning | ||||||
11 | tickets or
shares . ;
| ||||||
12 | (4) The manner of selecting the winning tickets or shares . ;
| ||||||
13 | (5) The manner of payment of prizes to the holders of | ||||||
14 | winning
tickets or shares . ;
| ||||||
15 | (6) The frequency of the drawing or selections of winning | ||||||
16 | tickets or
shares, without limitation . ;
| ||||||
17 | (7) Without limit to number, the type or types of locations | ||||||
18 | at which
tickets or shares may be sold . ;
| ||||||
19 | (8) The method to be used in selling tickets or shares . ;
| ||||||
20 | (9) The manner and amount of compensation, if any, to be | ||||||
21 | paid
licensed sales agents necessary to provide for the | ||||||
22 | adequate availability
of tickets or shares to prospective | ||||||
23 | buyers and for the convenience of
the public . ;
| ||||||
24 | (10) (Blank). The apportionment of the total revenues | ||||||
25 | accruing from the sale
of lottery tickets or shares and from | ||||||
26 | all other sources among (i) the
payment of prizes to the |
| |||||||
| |||||||
1 | holders of winning tickets or shares, (ii) the
payment of costs | ||||||
2 | incurred in the operation and administration of the
lottery, | ||||||
3 | including the expenses of the Department and the costs | ||||||
4 | resulting
from any contract or contracts entered into for | ||||||
5 | promotional, advertising
or operational services or for the | ||||||
6 | purchase or lease of lottery
equipment and materials, and (iii) | ||||||
7 | for monthly transfers to the Common
School Fund. The net | ||||||
8 | revenues accruing from the sale of lottery tickets
shall be | ||||||
9 | determined by deducting from total revenues the payments | ||||||
10 | required
by paragraphs (i) and (ii) of this
subsection.
| ||||||
11 | (11) Such other matters necessary or desirable for the | ||||||
12 | efficient and
economical operation and administration of the | ||||||
13 | lottery or for the implementation and oversight of any | ||||||
14 | Management and Concession Agreement pursuant to which a | ||||||
15 | Concessionaire is authorized to manage or operate the Lottery | ||||||
16 | and for the
convenience of the purchasers of tickets or shares | ||||||
17 | and the holders of
winning tickets or shares.
| ||||||
18 | Any rules and regulations of the Department with respect to
| ||||||
19 | monthly transfers
to the Common School Fund are subject to | ||||||
20 | Section 21.2.
| ||||||
21 | (Source: P.A. 84-1128.)
| ||||||
22 | (20 ILCS 1605/7.3) (from Ch. 120, par. 1157.3)
| ||||||
23 | Sec. 7.3. Hearings on violations; other hearings. The Board | ||||||
24 | shall designate Hearing Officers who shall conduct
hearings | ||||||
25 | upon complaints charging violations of this Act or of |
| |||||||
| |||||||
1 | regulations
thereunder, and such other hearings as may be | ||||||
2 | provided by Department rule.
The Board may hear appeals from | ||||||
3 | the recommended decisions of its
Hearing Officers in accordance | ||||||
4 | with procedures established
by Department rule.
Whenever the | ||||||
5 | Department issues a Notice of Assessment under Section 21 of
| ||||||
6 | this Act, the lottery sales agent may protest such Notice by | ||||||
7 | filing a
request for hearing within 20 days of the date of such | ||||||
8 | Notice.
| ||||||
9 | (Source: P.A. 85-1224; 86-1475.)
| ||||||
10 | (20 ILCS 1605/7.4) (from Ch. 120, par. 1157.4)
| ||||||
11 | Sec. 7.4. Studies and investigations of lottery. The | ||||||
12 | Department or, if the State enters into a Management and | ||||||
13 | Concession Agreement pursuant to which a Concessionaire is | ||||||
14 | authorized to manage or operate the Lottery, the Board shall | ||||||
15 | carry on a continuous study and
investigation of the lottery
| ||||||
16 | throughout the State (1) for the purpose of ascertaining any | ||||||
17 | defects in
this Act or in the rules and regulations issued | ||||||
18 | under this Act whereby any
abuses in the administration and | ||||||
19 | operation of the lottery or any evasion of
this Act or the | ||||||
20 | rules and regulations may arise or be practiced, (2) for
the | ||||||
21 | purpose of formulating recommendations for changes in this Act | ||||||
22 | and the
rules and regulations promulgated hereunder to prevent | ||||||
23 | such abuses and
evasions, (3) to guard against the use of this | ||||||
24 | Act and the rules and
regulations issued hereunder as a cloak | ||||||
25 | for the carrying on of organized
gambling and crime, and (4) to |
| |||||||
| |||||||
1 | insure that the law and rules and
regulations shall be in such | ||||||
2 | form and be so administered as to serve the
true purposes of | ||||||
3 | this Act.
| ||||||
4 | (Source: P.A. 84-1128.)
| ||||||
5 | (20 ILCS 1605/7.5) (from Ch. 120, par. 1157.5)
| ||||||
6 | Sec. 7.5. Reports on matters requiring changes in law. The | ||||||
7 | Board shall report to the Governor, the
Attorney General, the | ||||||
8 | Speaker
of the House, the President of the Senate, the minority | ||||||
9 | leaders of both
houses, and such other State officers as from | ||||||
10 | time to time it deems
appropriate, any matters which it deems | ||||||
11 | to require an immediate change in
the laws of this State in | ||||||
12 | order to prevent abuses and evasions of this Act
or rules and | ||||||
13 | regulations promulgated thereunder or to rectify undesirable
| ||||||
14 | conditions in connection with the administration or operation | ||||||
15 | of the
lottery.
| ||||||
16 | (Source: P.A. 84-1128.)
| ||||||
17 | (20 ILCS 1605/7.6) (from Ch. 120, par. 1157.6)
| ||||||
18 | Sec. 7.6. Recommendations. The Board shall advise and make | ||||||
19 | recommendations to the
Superintendent or the Director | ||||||
20 | regarding the functions and operations of the State Lottery. A | ||||||
21 | copy of all
such recommendations shall also be forwarded to the | ||||||
22 | Governor, the Attorney
General, the Speaker of the House, the | ||||||
23 | President of the Senate and the
minority leaders of both | ||||||
24 | houses.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
2 | (20 ILCS 1605/7.8) (from Ch. 120, par. 1157.8)
| ||||||
3 | Sec. 7.8. Annual report; report as public report. The | ||||||
4 | Department , or, if the State enters into a Management and | ||||||
5 | Concession Agreement pursuant to which a Concessionaire is | ||||||
6 | authorized to manage or operate the Lottery, the Board shall | ||||||
7 | make an annual report regarding the work
of the Board to the
| ||||||
8 | Governor, the Speaker of the House, the President of the | ||||||
9 | Senate, and the
minority leaders of both houses, such report to | ||||||
10 | be a public report.
| ||||||
11 | (Source: P.A. 84-1128.)
| ||||||
12 | (20 ILCS 1605/7.8a) (from Ch. 120, par. 1157.8a)
| ||||||
13 | Sec. 7.8a. Advertising policy. The Board shall establish | ||||||
14 | advertising policy to ensure that
advertising content and | ||||||
15 | practices do not target with the intent to exploit specific | ||||||
16 | groups
or economic classes of people, and that its content is | ||||||
17 | accurate and not
misleading. The Board shall review, at least | ||||||
18 | quarterly, all past
advertising and proposed concepts for major | ||||||
19 | media campaigns to ensure that
they do not target with the | ||||||
20 | intent to exploit specific groups or economic classes of
| ||||||
21 | people, and that their content is accurate and not misleading. | ||||||
22 | If the Board
finds that advertising conflicts with such policy, | ||||||
23 | it shall have the
authority to direct the Department to cease | ||||||
24 | that advertising. If the State enters into a Management and |
| |||||||
| |||||||
1 | Concession Agreement pursuant to which a Concessionaire is | ||||||
2 | authorized to manage or operate the Lottery and the | ||||||
3 | Concessionaire has the right to undertake marketing and | ||||||
4 | advertising activities, the Concessionaire shall submit, for | ||||||
5 | the Board's review of content and determination of compliance | ||||||
6 | with this Section, all marketing and advertising materials | ||||||
7 | pursuant to such rules and policies as the Board may promulgate | ||||||
8 | from time to time. If the Board finds that action proposed or | ||||||
9 | taken by the Concessionaire conflicts with those rules or | ||||||
10 | policies, the Board shall have the authority to direct the | ||||||
11 | Concessionaire to cease or refrain from taking that action.
| ||||||
12 | (Source: P.A. 85-183.)
| ||||||
13 | (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
| ||||||
14 | Sec. 7.11. (Repealed.) The Division may establish and | ||||||
15 | collect nominal charges
for promotional products ("premiums") | ||||||
16 | and other promotional materials
produced or acquired by the | ||||||
17 | Division as part of its advertising and
promotion activities. | ||||||
18 | Such premiums or other promotional materials may be
sold to | ||||||
19 | individuals, government agencies and not-for-profit | ||||||
20 | organizations,
but not to for-profit enterprises for the | ||||||
21 | purpose of resale. Other State
agencies shall be charged no | ||||||
22 | more than the cost to the Division of the
premium or | ||||||
23 | promotional material. All proceeds from the sale of premiums or
| ||||||
24 | promotional materials shall be deposited in the State Lottery | ||||||
25 | Fund in the
State Treasury.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
2 | (20 ILCS 1605/8) (from Ch. 120, par. 1158)
| ||||||
3 | Sec. 8. Compelling appearance of witnesses and production | ||||||
4 | of documents; oaths and affirmations; dispositions. In | ||||||
5 | connection with any hearing held pursuant to Section 6.1 or
7.3 | ||||||
6 | of this Act, the Board, or any Hearing Officer appointed by the
| ||||||
7 | Board, may subpoena and compel the appearance of witnesses and
| ||||||
8 | production of documents, papers, books, records and other | ||||||
9 | evidence before
it in any matter over which it has | ||||||
10 | jurisdiction, control or supervision.
The Board, or any | ||||||
11 | appointed Hearing Officer, shall have the
power to administer
| ||||||
12 | oaths and affirmations to persons
whose testimony is required. | ||||||
13 | If a person subpoenaed to attend in any such
proceeding or | ||||||
14 | hearing fails to obey the command of the subpoena without
| ||||||
15 | reasonable cause, or if a person in attendance in any such | ||||||
16 | proceeding or
hearing refuses, without lawful cause, to be | ||||||
17 | examined or to answer a legal
or pertinent question or to | ||||||
18 | exhibit any books, account, record or other
document when | ||||||
19 | ordered so to do by the Board or its Hearing Officer, the
Board | ||||||
20 | or Hearing Officer may apply to the
circuit court, upon proof | ||||||
21 | by affidavit of the facts, for an
order returnable in not less | ||||||
22 | than 2 nor more than 10 days, or as the court
may prescribe, | ||||||
23 | directing such person to show cause before the court why
he or | ||||||
24 | she should not comply with such subpoena or such order.
| ||||||
25 | Upon return of the order, the court shall examine such |
| |||||||
| |||||||
1 | person under oath,
and if the court
determines, after giving | ||||||
2 | such person an opportunity to be heard, that he
or she refused | ||||||
3 | without legal excuse to comply with such subpoena or such order | ||||||
4 | of
the Board or Hearing Officer, the court may order such | ||||||
5 | person to comply
therewith immediately
and any failure to obey | ||||||
6 | the order of the court may be punished as a
contempt of court.
| ||||||
7 | All subpoenas and subpoenas duces tecum issued under the | ||||||
8 | provisions of
this Act may be served by any person of lawful | ||||||
9 | age. The fees of witnesses
for attendance and travel shall be | ||||||
10 | the same as the fees of witnesses before
the circuit courts of | ||||||
11 | this State. When the witness is subpoenaed at the
instance of | ||||||
12 | the Department or any officer or employee thereof, such fees
| ||||||
13 | shall be paid in the same manner as other expenses of the | ||||||
14 | Department. When
the witness is subpoenaed at the
instance of | ||||||
15 | any other party to any such proceeding, the Department may
| ||||||
16 | require that the cost of service of the subpoena or subpoena | ||||||
17 | duces tecum and the fee of
the witness be borne by the party at | ||||||
18 | whose instance the witness is summoned.
In such case, and on | ||||||
19 | motion of the Department, the Board or its Hearing
Officer may | ||||||
20 | require a deposit to cover the cost of such service and witness | ||||||
21 | fees.
| ||||||
22 | The Department, or any officer or employee thereof, or any | ||||||
23 | other party to
a hearing before the Board or its Hearing | ||||||
24 | Officers, may cause the
depositions of witnesses within the | ||||||
25 | State to be taken in the manner
prescribed by law for like | ||||||
26 | depositions in civil actions in courts of this
State, and to |
| |||||||
| |||||||
1 | that end compel the attendance of witnesses and the
production | ||||||
2 | of books, papers, records or memoranda.
| ||||||
3 | (Source: P.A. 85-1224.)
| ||||||
4 | (20 ILCS 1605/8.1) (from Ch. 120, par. 1158.1)
| ||||||
5 | Sec. 8.1. Contracts; competitive negotiation. Contracts | ||||||
6 | for State Lottery tickets or shares or for other
State Lottery | ||||||
7 | game related
services shall be
obtained through the
utilization | ||||||
8 | of competitive negotiation procedures whenever practicable.
| ||||||
9 | (Source: P.A. 84-268.)
| ||||||
10 | (20 ILCS 1605/9) (from Ch. 120, par. 1159)
| ||||||
11 | Sec. 9. Duties of Superintendent. The Superintendent, as | ||||||
12 | administrative head of
the Division, shall direct and supervise | ||||||
13 | all its administrative and
technical activities and shall | ||||||
14 | report to the Director. In addition to the duties imposed upon | ||||||
15 | him
elsewhere in this Act, it
shall be the Superintendent's | ||||||
16 | duty:
| ||||||
17 | a. To supervise and administer the operation of the lottery | ||||||
18 | in
accordance with the provisions of this Act or such
rules and | ||||||
19 | regulations of the Department
adopted thereunder.
| ||||||
20 | b. To attend meetings of the Board or to appoint a designee | ||||||
21 | to
attend in his stead.
| ||||||
22 | c. To employ and direct such personnel in accord with the | ||||||
23 | Personnel Code,
as may be necessary to carry out the purposes | ||||||
24 | of this Act. The Superintendent may, subject to the approval of |
| |||||||
| |||||||
1 | the Director, use the services, personnel, or facilities of the | ||||||
2 | Department.
In addition, the Superintendent
may by agreement | ||||||
3 | secure such services as he or she may deem necessary
from any | ||||||
4 | other department, agency, or unit of the State government, and
| ||||||
5 | may employ and compensate such consultants and technical | ||||||
6 | assistants as may
be required and is otherwise permitted by | ||||||
7 | law.
| ||||||
8 | d. To license, in accordance with the provisions of | ||||||
9 | Sections 10 and 10.1
of this Act and the rules and regulations | ||||||
10 | of the Department
adopted thereunder, or to ensure the | ||||||
11 | retention, pursuant to the terms of a Management and Concession | ||||||
12 | Agreement,
as agents to sell lottery tickets such persons as in | ||||||
13 | his opinion will best
serve the public convenience and promote | ||||||
14 | the sale of tickets or shares.
The Superintendent may require a | ||||||
15 | bond from every licensed agent, in such
amount as provided in | ||||||
16 | the rules and regulations of the Department. Every licensed
| ||||||
17 | agent shall prominently display his license, or a copy thereof, | ||||||
18 | as provided
in the rules and regulations of the Department.
| ||||||
19 | e. To suspend or revoke any license issued pursuant to this | ||||||
20 | Act or the
rules and regulations promulgated by the Department | ||||||
21 | thereunder.
| ||||||
22 | f. To confer regularly as necessary or desirable and not
| ||||||
23 | less than once
every month with the Lottery Control Board on | ||||||
24 | the operation and administration
of the Lottery; to make | ||||||
25 | available for inspection by the Board or any member
of the | ||||||
26 | Board, upon request, all books, records, files, and other |
| |||||||
| |||||||
1 | information
and documents of his office; to advise the Board | ||||||
2 | and recommend such rules
and regulations and such other matters | ||||||
3 | as he deems necessary and advisable
to improve the operation | ||||||
4 | and administration of the lottery or the implementation and | ||||||
5 | oversight of a Management and Concession Agreement .
| ||||||
6 | g. To enter into contracts for the operation of the | ||||||
7 | lottery, or any part
thereof, and into contracts for the | ||||||
8 | promotion of the lottery on behalf of
the Department with any | ||||||
9 | person, firm or corporation, to perform any of the
functions | ||||||
10 | provided for in this Act or the rules and regulations | ||||||
11 | promulgated
thereunder. The Department shall not expend State | ||||||
12 | funds on a contractual
basis for such functions unless those | ||||||
13 | functions and expenditures are expressly
authorized by the | ||||||
14 | General Assembly.
| ||||||
15 | h. To enter into a Management and Concession Agreement that | ||||||
16 | authorizes a Concessionaire to enter into an agreement or | ||||||
17 | agreements with the management of state
lotteries operated | ||||||
18 | pursuant to the laws of other states for the purpose of
| ||||||
19 | creating and operating a multi-state lottery game wherein a | ||||||
20 | separate and
distinct prize pool would be combined to award | ||||||
21 | larger prizes to the public
than could be offered by the | ||||||
22 | several state lotteries, individually or, if the State enters | ||||||
23 | into a Management and Concession Agreement pursuant to which a | ||||||
24 | Concessionaire is authorized to manage or operate the Lottery, | ||||||
25 | to authorize the Concessionaire to take such action . No
tickets | ||||||
26 | or shares offered in connection with a multi-state lottery game
|
| |||||||
| |||||||
1 | shall be sold within the State of Illinois, except those | ||||||
2 | offered by and
through the Department or, if the State enters | ||||||
3 | into a Management and Concession Agreement pursuant to which a | ||||||
4 | Concessionaire is authorized to manage or operate the Lottery, | ||||||
5 | by the Concessionaire pursuant to the terms of the Management | ||||||
6 | and Concession Agreement and this amendatory Act of the 95th | ||||||
7 | General Assembly . No such agreement shall purport to pledge the | ||||||
8 | full
faith and credit of the State of Illinois, nor shall the | ||||||
9 | Department expend
State funds on a contractual basis in | ||||||
10 | connection with any such game unless
such expenditures are | ||||||
11 | expressly authorized by the General Assembly,
provided, | ||||||
12 | however, that in the event of error or omission by the Illinois
| ||||||
13 | State Lottery in the conduct of the game, as determined by the | ||||||
14 | multi-state
game directors , except as may be and to the extent | ||||||
15 | modified by the terms of a Management and Concession Agreement , | ||||||
16 | the Department shall be authorized to pay a prize winner or
| ||||||
17 | winners the lesser of a disputed prize or $1,000,000, any such | ||||||
18 | payment to
be made solely from funds appropriated for game | ||||||
19 | prize purposes. Except as may be and to the extent modified by | ||||||
20 | the terms of a Management and Concession Agreement, the The
| ||||||
21 | Department shall be authorized to share in the ordinary | ||||||
22 | operating expenses
of any such multi-state lottery game, from | ||||||
23 | funds appropriated by the General Assembly,
and in the event | ||||||
24 | the multi-state game control offices are physically
located | ||||||
25 | within the State of Illinois, the Department is authorized to
| ||||||
26 | advance start-up operating costs not to exceed $150,000, |
| |||||||
| |||||||
1 | subject to
proportionate reimbursement of such costs by the | ||||||
2 | other participating state
lotteries. The Department shall be | ||||||
3 | authorized to share proportionately in
the costs of | ||||||
4 | establishing a liability reserve fund from funds appropriated
| ||||||
5 | by the General Assembly. The Department is authorized to | ||||||
6 | transfer prize
award funds attributable to Illinois sales of | ||||||
7 | multi-state lottery game tickets to
the multi-state control | ||||||
8 | office, or its designated depository, for deposit
to such game | ||||||
9 | pool account or accounts as may be established by the
| ||||||
10 | multi-state game directors, the records of which account or | ||||||
11 | accounts shall
be available at all times for inspection in an | ||||||
12 | audit by the Auditor General
of Illinois and any other auditors | ||||||
13 | pursuant to the laws of the State of
Illinois.
No multi-state | ||||||
14 | game prize awarded to a nonresident of Illinois, with
respect | ||||||
15 | to a ticket or share purchased in a state other than the State | ||||||
16 | of
Illinois, shall be deemed to be a prize awarded under this | ||||||
17 | Act for the
purpose of taxation under the Illinois Income Tax | ||||||
18 | Act.
All of the net revenues accruing from the sale of | ||||||
19 | multi-state lottery
tickets or shares shall be transferred into | ||||||
20 | the Common School Fund pursuant
to Section 7.2.
The Department | ||||||
21 | shall promulgate such rules as may be appropriate to
implement | ||||||
22 | the provisions of this Section.
| ||||||
23 | i. To make a continuous study and investigation of (1) the | ||||||
24 | operation and
the administration of similar laws which may be | ||||||
25 | in effect in other states
or countries, (2) any literature on | ||||||
26 | the subject which from time to time
may be published or |
| |||||||
| |||||||
1 | available, (3) any Federal laws which may affect the
operation | ||||||
2 | of the
lottery, and (4) the reaction of Illinois citizens to | ||||||
3 | existing and potential
features of the lottery with a view to | ||||||
4 | recommending or effecting changes
that will tend to serve the | ||||||
5 | purposes of this Act.
| ||||||
6 | j. To report monthly to the State Treasurer and the Lottery | ||||||
7 | Control Board
a full and complete statement of lottery | ||||||
8 | revenues , prize disbursements and
other expenses for each | ||||||
9 | quarter month and the amounts to be transferred to the Common
| ||||||
10 | School Fund pursuant to Section 7.2 or such other funds as are | ||||||
11 | otherwise
authorized by Section 21.2 of this Act, and to
make | ||||||
12 | an annual report, which shall include a full and complete | ||||||
13 | statement
of lottery or concession revenues , prize | ||||||
14 | disbursements and other expenses, to the Governor
and the | ||||||
15 | Board. All reports required by this subsection shall be public
| ||||||
16 | and copies of all
such reports shall be sent to the Speaker of | ||||||
17 | the House, the President of
the Senate, and the minority | ||||||
18 | leaders of both houses.
| ||||||
19 | k. In the event that the State shall enter into a | ||||||
20 | Management and Concession Agreement, it shall be the duty of | ||||||
21 | the Superintendent, together with the Board, to supervise and | ||||||
22 | administer the operations of the lottery in accordance with the | ||||||
23 | provisions of this Act, the rules and regulations of the Board | ||||||
24 | adopted hereunder, and the terms of the Management and | ||||||
25 | Concession Agreement. | ||||||
26 | (Source: P.A. 94-776, eff. 5-19-06.)
|
| |||||||
| |||||||
1 | (20 ILCS 1605/10) (from Ch. 120, par. 1160)
| ||||||
2 | Sec. 10. Licensing of agents to sell lottery tickets or | ||||||
3 | shares. The Division, upon application therefor on forms | ||||||
4 | prescribed
by the Division, and upon a determination by the | ||||||
5 | Division that the
applicant meets all of the qualifications | ||||||
6 | specified in this Act, shall
issue a license as an agent to | ||||||
7 | sell lottery tickets or shares. No license
as an agent to sell | ||||||
8 | lottery tickets or shares shall be issued to any person
to | ||||||
9 | engage in business exclusively as a lottery sales agent.
| ||||||
10 | Before issuing such license the Superintendent shall | ||||||
11 | consider (a) the financial
responsibility and security of the | ||||||
12 | person and his business or activity, (b)
the accessibility of | ||||||
13 | his place of business or activity to the public, (c)
the | ||||||
14 | sufficiency of existing licenses to serve the public | ||||||
15 | convenience, (d)
the volume of expected sales, and (e) such | ||||||
16 | other factors as he or she may
deem appropriate.
| ||||||
17 | Until September 1, 1987, the provisions of Sections 2a, 4, | ||||||
18 | 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, | ||||||
19 | 10, 12 and 13.5
of the Retailers' Occupation Tax Act which are | ||||||
20 | not inconsistent
with this Act shall apply to the subject | ||||||
21 | matter of this Act to the same
extent as if such provisions | ||||||
22 | were included in this Act. For purposes of
this Act, references | ||||||
23 | in such incorporated Sections of the Retailers'
Occupation Tax | ||||||
24 | Act to retailers, sellers or persons engaged in the business
of | ||||||
25 | selling tangible personal property mean persons engaged in |
| |||||||
| |||||||
1 | selling
lottery tickets or shares; references in such | ||||||
2 | incorporated Sections to
sales of tangible personal property | ||||||
3 | mean the selling of lottery tickets or
shares; and references | ||||||
4 | in such incorporated Sections to
certificates of registration | ||||||
5 | mean licenses issued under this Act. The
provisions of the | ||||||
6 | Retailers' Occupation Tax Act as heretofore applied to
the | ||||||
7 | subject matter of this Act shall not apply with respect to | ||||||
8 | tickets sold
by or delivered to lottery sales agents on and | ||||||
9 | after September 1, 1987, but
such provisions shall continue to | ||||||
10 | apply with respect to transactions
involving the sale and | ||||||
11 | delivery of tickets prior to September 1, 1987.
| ||||||
12 | All licenses issued by the Division under this Act shall be | ||||||
13 | valid
for a period not to exceed 2 years after issuance unless | ||||||
14 | sooner
revoked, canceled or suspended as in this Act provided. | ||||||
15 | No license issued
under this Act shall be transferable or | ||||||
16 | assignable. Such license shall be
conspicuously displayed in | ||||||
17 | the place of business conducted by the licensee
in Illinois | ||||||
18 | where lottery tickets or shares are to be sold under such | ||||||
19 | license.
| ||||||
20 | For purposes of this Section, the term "person" shall be | ||||||
21 | construed to
mean and include an individual, association, | ||||||
22 | partnership, corporation,
club, trust, estate, society, | ||||||
23 | company, joint stock company, receiver,
trustee, referee, any | ||||||
24 | other person acting in a fiduciary or representative
capacity | ||||||
25 | who is appointed by a court, or any combination of individuals.
| ||||||
26 | "Person" includes any department, commission, agency or
|
| |||||||
| |||||||
1 | instrumentality of the State, including any county, city, | ||||||
2 | village, or
township and any agency or instrumentality thereof.
| ||||||
3 | If the State enters into a Management and Concession | ||||||
4 | Agreement pursuant to which the State authorizes a | ||||||
5 | Concessionaire to retain agents to distribute lottery tickets, | ||||||
6 | the Division shall cease issuing licenses to agents to sell | ||||||
7 | lottery tickets or shares during the term of the Management and | ||||||
8 | Concession Agreement. In retaining such agents, the | ||||||
9 | Concessionaire shall apply appropriate criteria in determining | ||||||
10 | suitability of those agents, including without limitation, | ||||||
11 | criteria establishing the ineligibility for a license as set | ||||||
12 | forth in Section 10.1 of this Act. Further, the Concessionaire | ||||||
13 | shall provide to the Department, not less than monthly, a list | ||||||
14 | of all agents the Concessionaire has engaged to distribute | ||||||
15 | lottery tickets or shares, which statement shall include a | ||||||
16 | certification that all such agents comply with the eligibility | ||||||
17 | standards set forth in this Act. | ||||||
18 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
19 | (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
| ||||||
20 | Sec. 10.1. Persons ineligible for licenses. The following | ||||||
21 | are ineligible for any license under this Act:
| ||||||
22 | (a) any person who has been convicted of a felony;
| ||||||
23 | (b) any person who is or has been a professional gambler or | ||||||
24 | gambling
promoter , except when the person acted in such a | ||||||
25 | capacity pursuant to and in compliance with all applicable law ;
|
| |||||||
| |||||||
1 | (c) any person who has engaged in bookmaking or other forms | ||||||
2 | of illegal
gambling;
| ||||||
3 | (d) any person who is not of good character and reputation | ||||||
4 | in the
community in which he resides;
| ||||||
5 | (e) any person who has been found guilty of any fraud or
| ||||||
6 | misrepresentation in any connection;
| ||||||
7 | (f) any firm or corporation in which a person defined in | ||||||
8 | (a), (b), (c),
(d) or (e) has a proprietary, equitable or | ||||||
9 | credit interest of 5% or more.
| ||||||
10 | (g) any organization in which a person defined in (a), (b), | ||||||
11 | (c), (d) or
(e) is an officer, director, or managing agent, | ||||||
12 | whether compensated or not;
| ||||||
13 | (h) any organization in which a person defined in (a), (b), | ||||||
14 | (c), (d), or
(e) is to participate in the management or sales | ||||||
15 | of lottery tickets or
shares.
| ||||||
16 | However, with respect to persons defined in (a), the | ||||||
17 | Department may grant
any such person a license under this Act | ||||||
18 | when:
| ||||||
19 | 1) at least 10 years have elapsed since the date when the | ||||||
20 | sentence for
the most recent such conviction was satisfactorily | ||||||
21 | completed;
| ||||||
22 | 2) the applicant has no history of criminal activity | ||||||
23 | subsequent to such conviction;
| ||||||
24 | 3) the applicant has complied with all conditions of | ||||||
25 | probation, conditional
discharge, supervision, parole or | ||||||
26 | mandatory supervised release; and
|
| |||||||
| |||||||
1 | 4) the applicant presents at least 3 letters of | ||||||
2 | recommendation from responsible
citizens in his community who | ||||||
3 | personally can attest that the character and
attitude of the | ||||||
4 | applicant indicate that he is unlikely
to commit another crime.
| ||||||
5 | The Division may revoke, without notice or a hearing, the | ||||||
6 | license of
any agent who violates this Act or any rule or | ||||||
7 | regulation promulgated
pursuant to this Act. If the State | ||||||
8 | enters into a Management and Concession Agreement pursuant to | ||||||
9 | which the State authorizes a Concessionaire to engage any sales | ||||||
10 | agent, the Division shall retain the power to revoke any such | ||||||
11 | agency pursuant to the provisions of this Act. However, if the | ||||||
12 | Division does revoke a license
without notice and an | ||||||
13 | opportunity for a hearing, the Division shall, by
appropriate | ||||||
14 | notice, afford the person whose license has been revoked an
| ||||||
15 | opportunity for a hearing within 30 days after the revocation | ||||||
16 | order has
been issued. As a result of any such hearing, the | ||||||
17 | Division may confirm
its action in revoking the license, or it | ||||||
18 | may order the restoration of such
license.
| ||||||
19 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
20 | (20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
| ||||||
21 | Sec. 10.1a. Failure to satisfy tax Act requirements. In | ||||||
22 | addition to other grounds specified in this Act, the
Division | ||||||
23 | shall refuse to issue and shall suspend the license of any | ||||||
24 | lottery
sales agency who fails to file a return, or to pay the | ||||||
25 | tax, penalty or
interest shown in a filed return, or to pay any |
| |||||||
| |||||||
1 | final assessment of tax,
penalty or interest, as required by | ||||||
2 | any tax Act administered by the
Department, until such time as | ||||||
3 | the requirements of any
such tax Act are satisfied, unless the | ||||||
4 | agency is contesting, in accordance
with the procedures | ||||||
5 | established by the appropriate revenue Act, its
liability for | ||||||
6 | the tax or the amount of tax. If the State enters into a | ||||||
7 | Management and Concession Agreement pursuant to which the State | ||||||
8 | authorizes a Concessionaire to engage any sales agent, the | ||||||
9 | Division may direct the Concessionaire to refrain from engaging | ||||||
10 | or to suspend the engagement of any party acting or seeking to | ||||||
11 | act as a sales agent. The Division shall
affirmatively verify | ||||||
12 | the tax status of every sales agency before issuing or
renewing | ||||||
13 | a license , except that, if the State enters into a Management | ||||||
14 | and Concession Agreement pursuant to which the State authorizes | ||||||
15 | a Concessionaire to engage any sales agent, the Division shall | ||||||
16 | verify the tax status of each agent from the list of agents | ||||||
17 | provided by the Concessionaire pursuant to Section 10 of this | ||||||
18 | Act . For purposes of this Section, a sales agency shall not
be | ||||||
19 | considered delinquent in the payment of a tax if the agency (a) | ||||||
20 | has
entered into an agreement with the Department for the | ||||||
21 | payment of
all such taxes that are due and (b) is in compliance | ||||||
22 | with the agreement.
| ||||||
23 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
24 | (20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
| ||||||
25 | Sec. 10.2. Application and other fees. Each application |
| |||||||
| |||||||
1 | for a new lottery license must be accompanied by a one-time | ||||||
2 | application fee of $50; the Division, however, may waive the | ||||||
3 | fee for licenses of limited duration as provided by Department | ||||||
4 | rule. Each application for renewal of a lottery license must be | ||||||
5 | accompanied by a renewal fee of $25. Each lottery licensee | ||||||
6 | granted on-line status pursuant to the Department's rules must | ||||||
7 | pay a fee of $10 per week as partial reimbursement for | ||||||
8 | telecommunications charges incurred by the Department in | ||||||
9 | providing access to the lottery's on-line gaming system. The | ||||||
10 | Department, by rule, may increase or decrease the amount of | ||||||
11 | these fees. No Concessionaire that may retain sales agents for | ||||||
12 | the Lottery pursuant to the terms of a Management and | ||||||
13 | Concession Agreement may assess any fee pursuant this Section.
| ||||||
14 | (Source: P.A. 93-840, eff. 7-30-04; 94-776, eff. 5-19-06.)
| ||||||
15 | (20 ILCS 1605/10.3) (from Ch. 120, par. 1160.3)
| ||||||
16 | Sec. 10.3. Proceeds received by sales agent. All proceeds | ||||||
17 | from the sale of lottery tickets or shares
received by a person | ||||||
18 | in the capacity of a sales agent shall constitute a
trust fund | ||||||
19 | until paid to the Department either directly, or through the
| ||||||
20 | Department's authorized collection representative. Proceeds | ||||||
21 | shall include
unsold instant tickets received by a sales agent | ||||||
22 | and cash proceeds of sale
of any lottery products, net of | ||||||
23 | allowable sales commissions and credit for
lottery prizes paid | ||||||
24 | to winners by sales agents. Sales proceeds and unsold
instant | ||||||
25 | tickets shall be delivered to the Department or its authorized
|
| |||||||
| |||||||
1 | collection representative upon demand. Sales agents shall be | ||||||
2 | personally
liable for all proceeds which shall be kept separate | ||||||
3 | and apart from all
other funds and assets and shall not be | ||||||
4 | commingled with any other funds or
assets.
In the case of a | ||||||
5 | sales agent who is not an individual, personal liability
shall | ||||||
6 | attach to the owners and officers of the sales agent. The | ||||||
7 | Department
shall have a right to file a lien upon all real and | ||||||
8 | personal property of
any person who is personally liable under | ||||||
9 | this Section for any unpaid
proceeds, which were to be | ||||||
10 | segregated as a trust fund under this Section,
at any time | ||||||
11 | after such payment was to have been made. Such lien shall
| ||||||
12 | include any interest and penalty provided for by this Act and | ||||||
13 | shall be
deemed equivalent to, and have the same effect as, the | ||||||
14 | State tax lien under
the Retailers' Occupation Tax Act.
The | ||||||
15 | term "person" as used in this Section, and in Section 10.4 of
| ||||||
16 | this Act, shall have the same meaning as provided in Section 10 | ||||||
17 | of this Act.
This Section, and Sections 10.4 and 10.5 of this | ||||||
18 | Act shall apply with
respect to all lottery tickets or shares | ||||||
19 | generated by computer terminal,
other electronic device, and | ||||||
20 | any other tickets delivered to sales agents on
and after | ||||||
21 | September 1, 1987. If the State enters into a Management and | ||||||
22 | Concession Agreement pursuant to which a Concessionaire is | ||||||
23 | authorized to manage or operate the Lottery: (i) the | ||||||
24 | Concessionaire may be the Department's authorized collection | ||||||
25 | representative; and (ii) no such arrangement shall diminish the | ||||||
26 | Department's rights pursuant to this Section. For purposes of |
| |||||||
| |||||||
1 | this Section, "sales agent" includes any sales agent engaged by | ||||||
2 | a Concessionaire pursuant to the terms of a Management and | ||||||
3 | Concession Agreement.
| ||||||
4 | (Source: P.A. 86-905.)
| ||||||
5 | (20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
| ||||||
6 | Sec. 10.4. Proceeds received by sales agent; violations. | ||||||
7 | Every person who shall violate the provisions of Section
10.3, | ||||||
8 | or who does not segregate and keep separate and apart from all | ||||||
9 | other
funds and assets, all proceeds from the sale of lottery | ||||||
10 | tickets
received by a person in the capacity of a sales agent,
| ||||||
11 | shall upon conviction thereof be guilty of a Class 4 felony. | ||||||
12 | The
provisions of this Section shall be enforced by the | ||||||
13 | Illinois Department of
State Police and prosecuted by the | ||||||
14 | Attorney General.
| ||||||
15 | (Source: P.A. 85-183; 86-1475.)
| ||||||
16 | (20 ILCS 1605/10.5) (from Ch. 120, par. 1160.5)
| ||||||
17 | Sec. 10.5. Sales agent; insolvency. Whenever any person who | ||||||
18 | receives proceeds from the sale of
lottery tickets in the | ||||||
19 | capacity of sales agent becomes insolvent, or dies
insolvent, | ||||||
20 | the proceeds due the Department from such person or his estate
| ||||||
21 | shall have preference over all debts or demands, except as | ||||||
22 | follows:
| ||||||
23 | (a) Amounts due for necessary funeral expenses;
| ||||||
24 | (b) Amounts due for medical care and medicine during his |
| |||||||
| |||||||
1 | most recent illness
preceding death;
| ||||||
2 | (c) Debts due to the United States;
| ||||||
3 | (d) Debts due to the State of Illinois and all State and
| ||||||
4 | local taxes; and
| ||||||
5 | (e) Wages for labor performed within the 6 months | ||||||
6 | immediately preceding the death of
such deceased person, not | ||||||
7 | exceeding $1,000 due to another person and provided
further | ||||||
8 | that such proceeds shall be nondischargeable in insolvency
| ||||||
9 | proceedings instituted pursuant to Chapter 7, Chapter 11, or | ||||||
10 | Chapter 13 of
the Federal Bankruptcy Act.
| ||||||
11 | (Source: P.A. 85-183.)
| ||||||
12 | (20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
| ||||||
13 | Sec. 10.6. Odds of winning. The Division shall make an | ||||||
14 | effort to more directly inform
players of the odds of winning | ||||||
15 | prizes. This effort shall include, at a
minimum, that the | ||||||
16 | Division require all ticket agents to display a placard
stating | ||||||
17 | the odds of winning for each game offered by that agent. In the | ||||||
18 | event that the State shall enter into a Management and | ||||||
19 | Concession Agreement, the Division shall be relieved of its | ||||||
20 | duties under this Section 10.6 and the Concessionaire shall be | ||||||
21 | obligated to comply with the requirements of this Section 10.6.
| ||||||
22 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
23 | (20 ILCS 1605/10.7)
| ||||||
24 | Sec. 10.7. Compulsive gambling.
|
| |||||||
| |||||||
1 | (a) Each lottery sales agent shall post a statement | ||||||
2 | regarding obtaining
assistance with gambling problems and | ||||||
3 | including a toll-free "800" telephone
number providing crisis | ||||||
4 | counseling and referral services to families
experiencing | ||||||
5 | difficulty as a result of problem or compulsive gambling. The
| ||||||
6 | text of the statement shall be determined by rule by the | ||||||
7 | Department of
Human Services, shall be no more than
one | ||||||
8 | sentence in length, and shall be posted on the placard required | ||||||
9 | under
Section 10.6. The signs shall be provided by the | ||||||
10 | Department of Human
Services.
| ||||||
11 | (b) The Division shall print a statement regarding | ||||||
12 | obtaining assistance
with gambling problems, the text of which | ||||||
13 | shall be determined by rule by the
Department of Human | ||||||
14 | Services, on all
paper stock it provides to
the general public.
| ||||||
15 | (c) The Division shall print a statement of no more than | ||||||
16 | one sentence
in length regarding obtaining assistance with | ||||||
17 | gambling problems and including a
toll-free "800" number | ||||||
18 | providing crisis counseling and referral services to
families | ||||||
19 | experiencing difficulty as a result of problem or compulsive | ||||||
20 | gambling
on the back of all lottery tickets.
| ||||||
21 | (d) If the State enters into a Management and Concession | ||||||
22 | Agreement pursuant to which a Concessionaire is authorized to | ||||||
23 | manage or operate the Lottery, the Concessionaire shall assume | ||||||
24 | and discharge all duties of the Division under subsections (a), | ||||||
25 | (b), and (c) of this Section. | ||||||
26 | (Source: P.A. 94-776, eff. 5-19-06.)
|
| |||||||
| |||||||
1 | (20 ILCS 1605/11) (from Ch. 120, par. 1161)
| ||||||
2 | Sec. 11. Officers and employees; civil or criminal | ||||||
3 | penalties; devolution of powers or duties. Every officer and | ||||||
4 | employee shall for any offense be subject to
the same penalty | ||||||
5 | or penalties, civil or criminal, as are prescribed by
existing | ||||||
6 | law for the same offense by any officer or employee whose | ||||||
7 | powers
or duties devolve upon him under this Act.
| ||||||
8 | (Source: P.A. 78-3rd S.S.-20.)
| ||||||
9 | (20 ILCS 1605/12) (from Ch. 120, par. 1162)
| ||||||
10 | Sec. 12. Public inspection and copying of records and data; | ||||||
11 | exceptions. The public inspection and copying of the records | ||||||
12 | and data of the
Division and the Board shall be generally | ||||||
13 | governed by the provisions of the
Freedom of Information Act | ||||||
14 | except that the following shall additionally be
exempt from | ||||||
15 | inspection and copying:
| ||||||
16 | (i) information privileged against introduction in | ||||||
17 | judicial proceedings;
| ||||||
18 | (ii) internal communications of the several agencies;
| ||||||
19 | (iii) information concerning secret manufacturing | ||||||
20 | processes or
confidential data submitted by any person | ||||||
21 | under this Act;
| ||||||
22 | (iv) any creative proposals, scripts, storyboards or | ||||||
23 | other materials
prepared by or for the Division or a | ||||||
24 | Concessionaire under a Management and Concession |
| |||||||
| |||||||
1 | Agreement , prior to the placement of the materials in
the | ||||||
2 | media, if the prior release of the materials would | ||||||
3 | compromise the
effectiveness of an advertising campaign.
| ||||||
4 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
5 | (20 ILCS 1605/13) (from Ch. 120, par. 1163)
| ||||||
6 | Sec. 13. Right to prize; payment. Except as otherwise | ||||||
7 | provided in Section 13.1, no prize, nor any
portion of a prize, | ||||||
8 | nor any right of any
person to a prize awarded shall be | ||||||
9 | assignable. Any prize, or portion
thereof remaining unpaid at | ||||||
10 | the death of a prize winner, may be paid to the
estate
of such | ||||||
11 | deceased prize winner, or to the trustee under a revocable | ||||||
12 | living
trust established by the deceased prize winner as | ||||||
13 | settlor, provided that a
copy of such a trust has been filed | ||||||
14 | with the Department along with a
notarized letter of direction | ||||||
15 | from the settlor and no written notice of
revocation has been | ||||||
16 | received by the Division prior to the settlor's
death. | ||||||
17 | Following such a settlor's death and prior to any payment to | ||||||
18 | such a
successor trustee, the Superintendent shall obtain from | ||||||
19 | the trustee a written agreement to indemnify and hold the | ||||||
20 | Department and the Division
harmless with respect to any claims | ||||||
21 | that may be asserted against the
Department or the Division | ||||||
22 | arising from payment to or through the trust. Notwithstanding
| ||||||
23 | any other provision of this Section, any person pursuant to an | ||||||
24 | appropriate
judicial order may be paid
the prize to which a | ||||||
25 | winner is entitled, and all or part of any prize
otherwise |
| |||||||
| |||||||
1 | payable by
State warrant under this Section shall be withheld | ||||||
2 | upon certification to
the State Comptroller from the Department | ||||||
3 | of Healthcare and Family Services as
provided in Section | ||||||
4 | 10-17.5 of The Illinois Public Aid Code. The Director
and the | ||||||
5 | Superintendent shall be discharged of all further liability | ||||||
6 | upon payment of a prize
pursuant to this Section.
| ||||||
7 | If the State enters into a Management and Concession | ||||||
8 | Agreement pursuant to which a payor other than the State, or a | ||||||
9 | department, division, agency, or other unit of the State shall | ||||||
10 | have the obligation to pay a prize, except as otherwise | ||||||
11 | provided in Section 13.1, neither a prize, nor any portion of a | ||||||
12 | prize, nor any right of any person to a prize awarded shall be | ||||||
13 | assignable. Any prize, or portion thereof remaining unpaid at | ||||||
14 | the death of a prize winner, may be paid to the estate of that | ||||||
15 | deceased prize winner, or to the trustee under a revocable | ||||||
16 | living trust established by the deceased prize winner as | ||||||
17 | settlor, provided that a copy of that trust has been delivered | ||||||
18 | to the third party prize payor along with a notarized letter of | ||||||
19 | direction from the settlor and no written notice of revocation | ||||||
20 | has been received by the third party prize payor prior to the | ||||||
21 | settlor's death. Following such a settlor's death and prior to | ||||||
22 | any payment to such a successor trustee, the third party prize | ||||||
23 | payor shall obtain from the trustee a written agreement to | ||||||
24 | indemnify and hold the third party prize payor and the State | ||||||
25 | harmless with respect to any claims that may be asserted | ||||||
26 | against such third party prize payor or the State arising from |
| |||||||
| |||||||
1 | the payment of the prize to or through the trust. The Director | ||||||
2 | and the Superintendent shall be discharged of all further | ||||||
3 | liability upon payment of a prize pursuant to this Section and | ||||||
4 | shall in no event be liable for any failure of a Concessionaire | ||||||
5 | to pay any prize. | ||||||
6 | (Source: P.A. 94-776, eff. 5-19-06; 95-331, eff. 8-21-07.)
| ||||||
7 | (20 ILCS 1605/14) (from Ch. 120, par. 1164)
| ||||||
8 | Sec. 14. Sale of ticket or share at greater than fixed | ||||||
9 | price; sale or resale of tickets or shares; charging a fee to | ||||||
10 | redeem winning ticket or share; punishment. No person shall | ||||||
11 | sell a ticket or share at a price greater than that
fixed by | ||||||
12 | rule or regulation of the Department or the Division. No person | ||||||
13 | other than a
licensed lottery sales agent or distributor or a | ||||||
14 | Concessionaire or a sales agent engaged by a Concessionaire | ||||||
15 | pursuant to the terms of a Management and Concession Agreement | ||||||
16 | shall sell or resell lottery
tickets or shares. No person shall | ||||||
17 | charge a fee to redeem a winning ticket or
share.
| ||||||
18 | Any person convicted of violating this Section shall be | ||||||
19 | guilty of a
Class B misdemeanor; provided, that if any offense | ||||||
20 | under this Section is
a subsequent offense, the offender shall | ||||||
21 | be guilty of a Class 4 felony.
| ||||||
22 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
23 | (20 ILCS 1605/14.2) (from Ch. 120, par. 1164.2)
| ||||||
24 | Sec. 14.2. Lottery ticket fraud; prima facie evidence. Any |
| |||||||
| |||||||
1 | person who, with intent to defraud, shall falsely make, alter,
| ||||||
2 | forge, utter, pass or counterfeit a lottery ticket or share | ||||||
3 | issued by the
State of Illinois under this Act shall be guilty | ||||||
4 | of a Class 4 felony.
| ||||||
5 | It shall be prima facie evidence of intent to defraud for a | ||||||
6 | person to
possess a lottery ticket or share issued by the State | ||||||
7 | under this Act if he or
she knows that ticket or share was | ||||||
8 | falsely made, altered, forged, uttered,
passed, or | ||||||
9 | counterfeited.
| ||||||
10 | (Source: P.A. 89-466, eff. 6-13-96.)
| ||||||
11 | (20 ILCS 1605/14.3)
| ||||||
12 | Sec. 14.3. Misuse of proprietary material prohibited. | ||||||
13 | Except as may be
provided in Section 7.11, or by bona fide sale | ||||||
14 | or by prior authorization from
the Department or the Division, | ||||||
15 | or otherwise by law, all premiums, promotional and other
| ||||||
16 | proprietary material produced or acquired by the Division as | ||||||
17 | part of its
advertising and promotional activities shall remain | ||||||
18 | the property of the
Department. Nothing herein shall be | ||||||
19 | construed to affect the rights or
obligations of the Department | ||||||
20 | or any other person under federal or State
trademark or | ||||||
21 | copyright laws , nor shall anything herein be construed to | ||||||
22 | prevent the Department or Division from assigning its rights in | ||||||
23 | such property to a Concessionaire pursuant to a Management and | ||||||
24 | Concession Agreement .
| ||||||
25 | (Source: P.A. 94-776, eff. 5-19-06.)
|
| |||||||
| |||||||
1 | (20 ILCS 1605/15) (from Ch. 120, par. 1165)
| ||||||
2 | Sec. 15. Prohibition against minors under 18 years of age | ||||||
3 | and certain other persons purchasing or being furnished lottery | ||||||
4 | tickets or shares. No minor under 18 years of age shall buy a | ||||||
5 | lottery ticket or
share. No person shall sell, distribute | ||||||
6 | samples of, or furnish a lottery
ticket or share to any minor | ||||||
7 | under 18 years of age, buy a lottery ticket or
share for any | ||||||
8 | minor under 18 years of age, or aid and abet in the purchase of
| ||||||
9 | lottery tickets or shares by a minor under 18 years of age.
| ||||||
10 | No ticket or share shall be purchased by, and no prize | ||||||
11 | shall be paid to
any of the following persons: any member of | ||||||
12 | the Board or any officer or
other person employed by the Board | ||||||
13 | or by the Department or by the Concessionaire or any party with | ||||||
14 | which the Concessionaire may contract to operate the Lottery ;
| ||||||
15 | any spouse, child, brother, sister or parent residing as a | ||||||
16 | member of the
same household in the principal place of abode of | ||||||
17 | any such persons; or any
minor under 18 years of age.
| ||||||
18 | Any
violation of this Section by a person other than the | ||||||
19 | purchasing minor shall be
a Class B misdemeanor;
provided,
that | ||||||
20 | if any violation of this Section is a subsequent
violation, the
| ||||||
21 | offender shall be guilty of a Class 4 felony. Notwithstanding | ||||||
22 | any provision
to the contrary, a violation of this Section by a | ||||||
23 | minor under 18 years of age
shall be a petty offense.
| ||||||
24 | (Source: P.A. 90-346, eff. 8-8-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 1605/16) (from Ch. 120, par. 1166)
| ||||||
2 | Sec. 16. Violations of Act, rules, or regulations; | ||||||
3 | punishment; enforcement. It shall be a Class B misdemeanor to | ||||||
4 | violate this Act or any
rule or regulation promulgated | ||||||
5 | thereunder, or knowingly to submit any false
information under | ||||||
6 | this Act or rules or regulations adopted thereunder;
except | ||||||
7 | that, if any person engages in such offense after one or more | ||||||
8 | prior
convictions under this Act, or any law of the United | ||||||
9 | States or of any State
relating to gambling or State operated | ||||||
10 | lotteries, he shall be guilty of a
Class 4 felony. It shall be | ||||||
11 | the duty of all State and local law enforcement
officers to | ||||||
12 | enforce such Act and regulations.
| ||||||
13 | (Source: P.A. 78-3rd S.S.-20.)
| ||||||
14 | (20 ILCS 1605/17) (from Ch. 120, par. 1167)
| ||||||
15 | Sec. 17. Other laws providing penalty or disability for | ||||||
16 | sale of lottery tickets or shares inapplicable. No other law | ||||||
17 | providing any penalty or disability for the sale of
lottery | ||||||
18 | tickets or shares or any acts done in connection with the
| ||||||
19 | lottery established under this Act shall apply to the sale of | ||||||
20 | tickets or
shares performed pursuant to this Act.
| ||||||
21 | (Source: P.A. 81-477.)
| ||||||
22 | (20 ILCS 1605/19) (from Ch. 120, par. 1169)
| ||||||
23 | Sec. 19. Claiming prizes. The Division shall establish an | ||||||
24 | appropriate period for the
claiming of prizes for each lottery |
| |||||||
| |||||||
1 | game offered. Each claim period shall
be stated in game rules | ||||||
2 | and written play
instructions issued by the Superintendent in | ||||||
3 | accordance with Section 7.1 of
this Act or, if the State enters | ||||||
4 | into a Management and Concession Agreement pursuant to which a | ||||||
5 | Concessionaire shall manage or operate the Lottery, such rules | ||||||
6 | and written play instructions as may be issued in accordance | ||||||
7 | with the terms of the Management and Concession Agreement . | ||||||
8 | Written play instructions shall be made available to all | ||||||
9 | players
through sales agents licensed to sell game tickets or | ||||||
10 | shares.
Prizes for lottery games which involve the purchase of | ||||||
11 | a physical lottery
ticket may be claimed only by presentation | ||||||
12 | of a valid winning lottery
ticket that matches validation | ||||||
13 | records on file with the Lottery or, if the State enters into a | ||||||
14 | Management and Concession Agreement pursuant to which a | ||||||
15 | Concessionaire manages or operates the Lottery, the records on | ||||||
16 | file with that Concessionaire ; no
claim may be honored which is | ||||||
17 | based on the assertion that the ticket was
lost or stolen. No | ||||||
18 | lottery ticket which has been altered, mutilated, or
fails to | ||||||
19 | pass validation tests shall be deemed to be a winning ticket.
| ||||||
20 | If no claim
is made for the money within the established | ||||||
21 | claim period, then the unclaimed prize money shall be | ||||||
22 | transferred to the Illinois Education Trust Fund except, in the | ||||||
23 | event the Lottery is operated pursuant to the terms of a | ||||||
24 | Management and Concession Agreement, as may otherwise be | ||||||
25 | provided in such agreement as is then in effect the prize may
| ||||||
26 | be included in the prize pool of such special drawing or |
| |||||||
| |||||||
1 | drawings as the
Division may, from time to time, designate . | ||||||
2 | Unclaimed
multi-state game prize money may be included in the | ||||||
3 | multi-state
prize
pool for such special drawing or drawings as | ||||||
4 | the multi-state game directors
may, from time to time, | ||||||
5 | designate. Any bonuses offered by the Department
to sales | ||||||
6 | agents who sell winning tickets or shares shall be
payable to | ||||||
7 | such agents regardless of whether or not the prize money on the
| ||||||
8 | ticket or share is claimed, provided that the agent can be | ||||||
9 | identified as
the vendor of the winning ticket or share, and
| ||||||
10 | that the winning ticket or share was sold on or after January | ||||||
11 | 1, 1984.
All unclaimed prize money not included in the prize | ||||||
12 | pool of a special
drawing shall be transferred to the Common | ||||||
13 | School Fund.
| ||||||
14 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
15 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| ||||||
16 | Sec. 20. State Lottery Fund.
| ||||||
17 | (a) There is created in the State Treasury a special fund | ||||||
18 | to be
known as the "State Lottery Fund". Such fund shall | ||||||
19 | consist of all revenues
received from (1) the sale of lottery | ||||||
20 | tickets or shares, (net of
commissions, fees
representing those | ||||||
21 | expenses that are directly proportionate to the
sale of tickets | ||||||
22 | or shares at the agent location, and prizes of less
than
$600 | ||||||
23 | which
have been validly paid at the agent
level), (2) | ||||||
24 | application fees,
and (3) all other sources including moneys | ||||||
25 | credited or transferred thereto
from
any other fund
or source |
| |||||||
| |||||||
1 | pursuant to law and, if the State enters into a Management and | ||||||
2 | Concession Agreement, any moneys accruing to the State pursuant | ||||||
3 | to the terms of that Agreement . Interest earnings of the State | ||||||
4 | Lottery Fund
shall be credited to the Common School Fund.
| ||||||
5 | (b) The receipt and distribution of moneys under Section | ||||||
6 | 21.5 of this Act shall be in accordance with Section 21.5.
| ||||||
7 | (c) The receipt and distribution of moneys under Section | ||||||
8 | 21.6 of this Act shall be in accordance with Section 21.6. | ||||||
9 | (d) The receipt and distribution of moneys under Section | ||||||
10 | 21.7 of this Act shall be in accordance with Section 21.7.
| ||||||
11 | (e) (d) The receipt and distribution of moneys under | ||||||
12 | Section 21.8 21.7 of this Act shall be in accordance with | ||||||
13 | Section 21.8 21.7 .
| ||||||
14 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
15 | 95-331, eff. 8-21-07; 95-673, eff. 10-11-07; 95-674, eff. | ||||||
16 | 10-11-07; revised 12-5-07.)
| ||||||
17 | (20 ILCS 1605/20.2 new)
| ||||||
18 | Sec. 20.2. Transfer of moneys from State Lottery Fund to | ||||||
19 | Common School Fund. Notwithstanding any provision set forth in | ||||||
20 | this Act or State law to the contrary, on or before the last | ||||||
21 | day of each fiscal year the State Comptroller shall direct and | ||||||
22 | the State Treasurer shall transfer moneys in and revenues | ||||||
23 | received by the State Lottery Fund to the Common School Fund.
| ||||||
24 | (20 ILCS 1605/21) (from Ch. 120, par. 1171)
|
| |||||||
| |||||||
1 | Sec. 21. Payments or deposits of moneys and income. All | ||||||
2 | lottery sales agents or distributors shall be liable to the
| ||||||
3 | Lottery for any and all tickets accepted or generated by any | ||||||
4 | employee or
representative of that agent or distributor, and | ||||||
5 | such tickets shall be deemed
to have been purchased by the | ||||||
6 | agent or distributor unless returned to the
Lottery or if the | ||||||
7 | State enters into a Management and Concession Agreement | ||||||
8 | pursuant to which a Concessionaire engages sales agents or | ||||||
9 | distributors, to such Concessionaire as may be allowed | ||||||
10 | according to the terms of the Management and Concession | ||||||
11 | Agreement within the time and in the manner prescribed by the | ||||||
12 | Superintendent. All
moneys received by such agents or | ||||||
13 | distributors from the sale of lottery tickets
or shares, less | ||||||
14 | the amount retained as compensation for the sale of the tickets
| ||||||
15 | or shares and the amount paid out as prizes, shall be paid over | ||||||
16 | to a lottery
representative or deposited in a bank or savings | ||||||
17 | and loan association approved
by the State Treasurer, as | ||||||
18 | prescribed by the Superintendent or, if the State enters into a | ||||||
19 | Management and Concession Agreement pursuant to which those | ||||||
20 | moneys are to be held by a trustee, to that trustee and in | ||||||
21 | accordance with such terms as may be set forth in the | ||||||
22 | Management and Concession Agreement .
| ||||||
23 | No bank or savings and loan association shall receive any | ||||||
24 | public funds as
permitted by this Section, unless it has | ||||||
25 | complied with the requirements
established pursuant to Section | ||||||
26 | 6 of the Public Funds Investment Act.
|
| |||||||
| |||||||
1 | Each payment or deposit shall be accompanied by a report of | ||||||
2 | the agent's
receipts and transactions in the sale of lottery | ||||||
3 | tickets in such form and
containing such information as the | ||||||
4 | Superintendent , or if the State enters into a Management and | ||||||
5 | Concession Agreement, as the Concessionaire may require. Any
| ||||||
6 | discrepancies in such receipts and transactions may be resolved | ||||||
7 | as
provided by the rules and regulations of the Department.
| ||||||
8 | If any money due the Lottery by a sales agent or | ||||||
9 | distributor is not paid
when due or demanded, it shall | ||||||
10 | immediately become delinquent and be billed
on a subsequent | ||||||
11 | monthly statement. If on the closing date for any monthly
| ||||||
12 | statement a delinquent amount previously billed of more than | ||||||
13 | $50 remains
unpaid, interest in such amount shall be accrued at | ||||||
14 | the rate of 2% per month
or fraction thereof from the date when | ||||||
15 | such delinquent amount becomes past
due until such delinquent | ||||||
16 | amount, including interest, penalty and other
costs and charges | ||||||
17 | that the Department may incur in collecting such amounts, is
| ||||||
18 | paid. In case any agent or distributor fails to pay any moneys | ||||||
19 | due the Lottery
within 30 days after a second bill or statement | ||||||
20 | is rendered to the agent or
distributor, such amount shall be | ||||||
21 | deemed seriously delinquent and may be
referred by the | ||||||
22 | Department to a collection agency or credit bureau for
| ||||||
23 | collection. Any contract entered into by the Department for the | ||||||
24 | collection of
seriously delinquent accounts with a collection | ||||||
25 | agency or credit bureau may be
satisfied by a commercially | ||||||
26 | reasonable percentage of the delinquent account
recouped, |
| |||||||
| |||||||
1 | which shall be negotiated by the Department in accordance with
| ||||||
2 | commercially accepted standards. Any costs incurred by the | ||||||
3 | Department or
others authorized to act in its behalf in | ||||||
4 | collecting such delinquencies may be
assessed against the agent | ||||||
5 | or distributor and included as a part of the
delinquent | ||||||
6 | account.
| ||||||
7 | In case of failure of an agent or distributor to pay a | ||||||
8 | seriously delinquent
amount, or any portion thereof to the | ||||||
9 | State , including interest, penalty and costs,
the Division may | ||||||
10 | issue a Notice of Assessment. In determining amounts
shown on | ||||||
11 | the Notice of Assessment, the Division shall utilize the
| ||||||
12 | financial information available from its records. Such Notice | ||||||
13 | of
Assessment shall be prima facie correct and shall be prima | ||||||
14 | facie evidence
of delinquent sums due under this Section at any | ||||||
15 | hearing before the Board,
or its Hearing Officers, or at any | ||||||
16 | other legal proceeding. Reproduced
copies of the Division's | ||||||
17 | records relating to a delinquent account or a
Notice of | ||||||
18 | Assessment offered in the name of the Department, under the
| ||||||
19 | Certificate of the Director or any officer or employee of the | ||||||
20 | Department
designated in writing by the Director shall, without | ||||||
21 | further proof, be
admitted into evidence in any such hearing or | ||||||
22 | any legal proceeding and shall be
prima facie proof of the | ||||||
23 | delinquency, including principal and any interest,
penalties | ||||||
24 | and costs, as shown thereon. The Attorney General may bring | ||||||
25 | suit on
behalf of the Department to collect all such delinquent | ||||||
26 | amounts, or any portion
thereof, including interest, penalty |
| |||||||
| |||||||
1 | and costs, due the Lottery.
| ||||||
2 | Any person who accepts money that is due to the Department | ||||||
3 | from the
sale of lottery tickets or shares under this Act, but | ||||||
4 | who wilfully fails to remit
such payment to the Department when | ||||||
5 | due or who purports to make such payment
but wilfully fails to | ||||||
6 | do so because such his check or other remittance fails to
clear | ||||||
7 | the financial institution bank or savings and loan association | ||||||
8 | against
which it is drawn, in
addition to the amount due and in | ||||||
9 | addition to any other penalty provided by
law, shall be | ||||||
10 | assessed, and shall pay, a penalty equal to 5% of the | ||||||
11 | deficiency
plus any costs or charges incurred by the Department | ||||||
12 | in collecting such amount.
| ||||||
13 | The Director may make such arrangements for any person(s), | ||||||
14 | financial institution, banks, savings and
loan associations or | ||||||
15 | distributors, to perform such functions, activities or
| ||||||
16 | services in connection with the operation of the lottery as he | ||||||
17 | deems advisable
pursuant to this Act, the State Comptroller | ||||||
18 | Act, or the rules and regulations of the Department,
and such | ||||||
19 | functions, activities or services shall constitute lawful | ||||||
20 | functions,
activities and services of such person(s), banks, | ||||||
21 | savings and loan associations
or distributors.
| ||||||
22 | All income arising out of any activity or purpose of the | ||||||
23 | Division
shall,
pursuant to the State Finance Act, be paid into | ||||||
24 | the State Treasury except as otherwise provided by the
rules | ||||||
25 | and regulations of the Department and shall be covered into a | ||||||
26 | special
fund to be known as the State Lottery Fund. Banks and |
| |||||||
| |||||||
1 | savings and loan
associations may be compensated for services | ||||||
2 | rendered based upon the activity
and amount of funds on | ||||||
3 | deposit.
| ||||||
4 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
5 | (20 ILCS 1605/21.2) (from Ch. 120, par. 1171.2)
| ||||||
6 | Sec. 21.2. (Repealed). There is created a special fund in | ||||||
7 | the State Treasury known
as the Illinois Land Grant Collegiate | ||||||
8 | Athletics Fund. The Department
shall designate
a special | ||||||
9 | lottery game of its choosing which it shall prepare
and offer | ||||||
10 | for sale to the public, the net proceeds from which shall be | ||||||
11 | transferred
to such
fund for distribution to the University of | ||||||
12 | Illinois Athletic Association
as otherwise authorized by law.
| ||||||
13 | (Source: P.A. 84-1128.)
| ||||||
14 | (20 ILCS 1605/21.3) (from Ch. 120, par. 1171.3)
| ||||||
15 | Sec. 21.3. Officer of corporation; personal liability. Any | ||||||
16 | officer of any corporation licensed as an agent for the
sale of | ||||||
17 | Lottery tickets and products shall be personally liable for the | ||||||
18 | total
amount of Lottery receipts due the Department which are | ||||||
19 | unpaid by the
corporation, together with any interest and | ||||||
20 | penalties thereon assessed in
accordance with the provision of | ||||||
21 | Section 21 of the Act.
| ||||||
22 | The personal liability of a corporate officer as provided | ||||||
23 | herein shall
survive the dissolution of the corporation. No | ||||||
24 | action to enforce such
personal liability shall be commenced |
| |||||||
| |||||||
1 | unless a notice of the delinquent
account has been sent to such | ||||||
2 | corporate officer at the address shown on the
Lottery records | ||||||
3 | or otherwise known to Department officials, and no such
action | ||||||
4 | shall be commenced after the expiration of 3 years from the | ||||||
5 | date of
the Department's notice of delinquent account or the | ||||||
6 | termination of any
court proceedings with respect to the issue | ||||||
7 | of the delinquency of a
corporation.
| ||||||
8 | Procedures for protest and review of a notice of the | ||||||
9 | Department's
intention to enforce personal liability against a | ||||||
10 | corporate officer shall
be the same as those prescribed for | ||||||
11 | protest and review of the Notice of
Assessment as set forth in | ||||||
12 | Section 7.3 of this Act.
| ||||||
13 | (Source: P.A. 88-522.)
| ||||||
14 | (20 ILCS 1605/21.5)
| ||||||
15 | Sec. 21.5. Superintendent Carolyn Adams Ticket For The | ||||||
16 | Cure. | ||||||
17 | (a) The Department shall offer a special instant | ||||||
18 | scratch-off game with the title of " Carolyn Adams Ticket For | ||||||
19 | The Cure". The game shall commence on January 1, 2006 or as | ||||||
20 | soon thereafter, in the discretion of the Director, as is | ||||||
21 | reasonably practical, and shall be discontinued on December 31, | ||||||
22 | 2011. The operation of the game shall be governed by this Act | ||||||
23 | and any rules adopted by the Department. The Department must | ||||||
24 | consult with the Ticket For The Cure Board, which is | ||||||
25 | established under Section 2310-347 of the Department of Public |
| |||||||
| |||||||
1 | Health Powers and Duties Law of the
Civil Administrative Code | ||||||
2 | of Illinois, regarding the design and promotion of the game. If | ||||||
3 | any provision of this Section is inconsistent with any other | ||||||
4 | provision of this Act, then this Section governs. | ||||||
5 | (b) The Ticket For The Cure Fund is created as a special | ||||||
6 | fund in the State treasury. The net revenue from the Carolyn | ||||||
7 | Adams Ticket For The Cure special instant scratch-off game | ||||||
8 | shall be deposited into the Fund for appropriation by the | ||||||
9 | General Assembly solely to the Department of Public Health for | ||||||
10 | the purpose of making grants to public or private entities in | ||||||
11 | Illinois for the purpose of funding research concerning breast | ||||||
12 | cancer and for funding services for breast cancer victims. The | ||||||
13 | Department must, before grants are awarded, provide copies of | ||||||
14 | all grant applications to the Ticket For The Cure Board, | ||||||
15 | receive and review the Board's recommendations and comments, | ||||||
16 | and consult with the Board regarding the grants. For purposes | ||||||
17 | of this Section, the term "research" includes, without | ||||||
18 | limitation, expenditures to develop and advance the | ||||||
19 | understanding, techniques, and modalities effective in the | ||||||
20 | detection, prevention, screening, and treatment of breast | ||||||
21 | cancer and may include clinical trials. The grant funds may not | ||||||
22 | be used for institutional, organizational, or community-based | ||||||
23 | overhead costs, indirect costs, or levies. | ||||||
24 | Moneys received for the purposes of this Section, | ||||||
25 | including, without limitation, net revenue from the special | ||||||
26 | instant scratch-off game and gifts, grants, and awards from any |
| |||||||
| |||||||
1 | public or private entity, must be deposited into the Fund. Any | ||||||
2 | interest earned on moneys in the Fund must be deposited into | ||||||
3 | the Fund. | ||||||
4 | For purposes of this subsection, "net revenue" means the | ||||||
5 | total amount for which tickets have been sold less the sum of | ||||||
6 | the amount paid out in prizes and the actual administrative | ||||||
7 | expenses of the Department solely related to the Carolyn Adams | ||||||
8 | Ticket For The Cure game. | ||||||
9 | (c) During the time that tickets are sold for the Carolyn | ||||||
10 | Adams Ticket For The Cure game, the Department shall not | ||||||
11 | unreasonably diminish the efforts devoted to marketing any | ||||||
12 | other instant scratch-off lottery game. | ||||||
13 | (d) The Department may adopt any rules necessary to | ||||||
14 | implement and administer the provisions of this Section.
| ||||||
15 | (Source: P.A. 94-120, eff. 7-6-05.) | ||||||
16 | (20 ILCS 1605/21.9 new)
| ||||||
17 | Sec. 21.9. Right to direct offer of special cause games. If | ||||||
18 | the State enters into a Management and Concession Agreement, | ||||||
19 | the State shall retain the right to direct the Concessionaire | ||||||
20 | to offer special cause games as the General Assembly may | ||||||
21 | determine appropriate from time to time. The General Assembly | ||||||
22 | may in its discretion direct the deposit and use of net | ||||||
23 | revenues from any such special cause games. The operation of | ||||||
24 | any such special cause games shall be governed by this Act and | ||||||
25 | any rules necessary to implement and administer the provisions |
| |||||||
| |||||||
1 | of this Section as adopted by the Department. For purposes of | ||||||
2 | this Section, "net revenue" means the total amount for which | ||||||
3 | tickets have been sold less the sum of the amount paid out in | ||||||
4 | the prizes and the costs and expenses related to the game.
| ||||||
5 | (20 ILCS 1605/24) (from Ch. 120, par. 1174)
| ||||||
6 | Sec. 24. Preaudit of accounts and transactions by State | ||||||
7 | Comptroller; post-audits by Auditor General. The State | ||||||
8 | Comptroller shall conduct a preaudit of all accounts and
| ||||||
9 | transactions of the Department in connection with the operation | ||||||
10 | of the State Lottery under the State Comptroller Act, excluding
| ||||||
11 | payments issued by the Department for prizes of $25,000 or | ||||||
12 | less.
| ||||||
13 | The Auditor General or a certified public accountant
firm | ||||||
14 | appointed by
him shall conduct an annual post-audit of all | ||||||
15 | accounts and transactions of
the Department in connection with | ||||||
16 | the operation of the State Lottery and other special post | ||||||
17 | audits as the Auditor General, the
Legislative Audit | ||||||
18 | Commission, or the General Assembly deems
necessary. The
annual | ||||||
19 | post-audits shall include payments made by lottery sales agents | ||||||
20 | of
prizes of less than $600 authorized under Section 20, and | ||||||
21 | payments made by
the Department of prizes up to $25,000 | ||||||
22 | authorized under
Section 20.1. The Auditor General or his agent
| ||||||
23 | conducting an audit under this
Act shall have access and | ||||||
24 | authority to examine any and all records of the
Department or | ||||||
25 | the Board, its distributing agents and its licensees.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
2 | (20 ILCS 1605/25) (from Ch. 120, par. 1175)
| ||||||
3 | Sec. 25. Review under Administrative Review Law. Any party | ||||||
4 | adversely affected by a final
order or determination of the
| ||||||
5 | Board or the Department may obtain judicial review, by filing a
| ||||||
6 | petition
for review within 35 days after the entry of the order | ||||||
7 | or other final
action complained of, pursuant to the provisions | ||||||
8 | of the Administrative Review
Law, as amended and the rules | ||||||
9 | adopted
pursuant thereto.
| ||||||
10 | (Source: P.A. 82-783.)
| ||||||
11 | (20 ILCS 1605/26) (from Ch. 120, par. 1176)
| ||||||
12 | Sec. 26. Severability of invalid provisions or | ||||||
13 | applications. If any clause, sentence, paragraph, subdivision, | ||||||
14 | Section,
provision or other portion of this Act or the | ||||||
15 | application thereof to any
person or circumstances is held to | ||||||
16 | be invalid, such holding shall not
affect, impair or invalidate | ||||||
17 | the remainder of this Act or the application
of such portion | ||||||
18 | held invalid to any other person or circumstances, but
shall be | ||||||
19 | confined in its operation to the clause, sentence, paragraph,
| ||||||
20 | subdivision, provision or other portion thereof directly | ||||||
21 | involved in such
holding or to the person and circumstances | ||||||
22 | therein involved.
| ||||||
23 | (Source: P.A. 78-3rd S.S.-20.)
|
| |||||||
| |||||||
1 | (20 ILCS 1605/27) (from Ch. 120, par. 1177)
| ||||||
2 | Sec. 27. Contracts; investments; proceeds; Deferred | ||||||
3 | Lottery Prize Winners Trust Fund; disbursements; State Lottery | ||||||
4 | Fund; Lottery Concession Fund; Lottery Escrow Account. | ||||||
5 | (a) The State Treasurer may, with the consent of the | ||||||
6 | Director,
contract with any person or corporation, including, | ||||||
7 | without limitation,
a bank, banking house, trust company or | ||||||
8 | investment banking firm, to perform
such financial functions, | ||||||
9 | activities or services in connection with operation
of the | ||||||
10 | lottery as the State Treasurer and the Director may prescribe.
| ||||||
11 | (b) All proceeds from investments made pursuant to | ||||||
12 | contracts executed by
the State Treasurer, with the consent of | ||||||
13 | the Director,
to perform financial functions, activities or | ||||||
14 | services in connection with
operation of the lottery, shall be | ||||||
15 | deposited and held by the State Treasurer
as ex-officio | ||||||
16 | custodian thereof, separate and apart from all
public money or | ||||||
17 | funds of this State in a special trust fund outside the
State | ||||||
18 | treasury. Such trust fund shall be known as the "Deferred | ||||||
19 | Lottery
Prize Winners Trust Fund", and shall be administered by | ||||||
20 | the Director.
| ||||||
21 | The Director shall, at such times and in such amounts as | ||||||
22 | shall be
necessary, prepare and send to the State Comptroller | ||||||
23 | vouchers requesting
payment from the Deferred Lottery Prize | ||||||
24 | Winners Trust Fund to deferred
prize winners, in a manner that | ||||||
25 | will insure the timely
payment of such amounts owed.
| ||||||
26 | This Act shall constitute an irrevocable appropriation of |
| |||||||
| |||||||
1 | all amounts
necessary for that purpose, and the irrevocable and | ||||||
2 | continuing authority
for and direction to the Director and the | ||||||
3 | State Treasurer to
make the necessary payments out of such | ||||||
4 | trust fund for that purpose. In the event that the State shall | ||||||
5 | enter into a Management and Concession Agreement, this Section | ||||||
6 | 27(b) shall not apply to any prizes awarded after the closing | ||||||
7 | date of the Management and Concession Agreement.
| ||||||
8 | (c) Moneys invested pursuant to subsection (a) of this | ||||||
9 | Section may be
invested only in bonds, notes, certificates of | ||||||
10 | indebtedness, treasury
bills, or other securities constituting | ||||||
11 | direct obligations of the United
States of America and all | ||||||
12 | securities or obligations the prompt payment of
principal and | ||||||
13 | interest of which is guaranteed by a pledge of the full faith
| ||||||
14 | and credit of the United States of America. Interest earnings | ||||||
15 | on moneys in
the Deferred Lottery Prize Winners Trust Fund | ||||||
16 | shall remain in such fund
and be used to pay the winners of | ||||||
17 | lottery prizes deferred as to payment
until such obligations | ||||||
18 | are discharged.
Proceeds from bonds purchased and interest | ||||||
19 | accumulated as a result of a grand
prize multi-state game | ||||||
20 | ticket that goes unclaimed will be transferred after the
| ||||||
21 | termination of the relevant claim period directly from the | ||||||
22 | lottery's Deferred
Lottery Prize Winners Trust Fund to each | ||||||
23 | respective multi-state partner state
according to its | ||||||
24 | contribution ratio. All moneys invested pursuant to the terms | ||||||
25 | of any Management and Concession Agreement into which the State | ||||||
26 | may enter, shall be subject to the provisions of this |
| |||||||
| |||||||
1 | subsection.
| ||||||
2 | (c-5) If a deferred lottery prize is not claimed within the | ||||||
3 | claim
period established by game rule, then the securities or | ||||||
4 | other instruments
purchased to fund the prize shall be | ||||||
5 | liquidated and the liquidated amount
shall be transferred to | ||||||
6 | the State Lottery Fund for disposition pursuant to
Section 19 | ||||||
7 | of
this Act. In the event that the State shall enter into a | ||||||
8 | Management and Concession Agreement, this Section 27(c-5) | ||||||
9 | shall not apply to any prizes awarded after the closing date of | ||||||
10 | the Management and Concession Agreement.
| ||||||
11 | (c-10) The Director may use a portion of the moneys in the
| ||||||
12 | Deferred
Lottery Prize Winners Trust Fund to purchase bonds
to | ||||||
13 | pay a lifetime prize if the prize duration exceeds the length | ||||||
14 | of available
securities. If the winner of a lifetime prize | ||||||
15 | exceeds his or her life
expectancy as determined using | ||||||
16 | actuarial assumptions and the securities or
moneys set aside to | ||||||
17 | pay the prize have been exhausted, moneys in the State
Lottery | ||||||
18 | Fund shall be used to make payments to the winner
for the | ||||||
19 | duration of the winner's life. In the event that the State | ||||||
20 | shall enter into a Management and Concession Agreement, this | ||||||
21 | Section 27(c-10) shall not apply to any prizes awarded after | ||||||
22 | the closing date of the Management and Concession Agreement.
| ||||||
23 | (c-15) From time to time, the Director may
request that the | ||||||
24 | State Comptroller transfer any excess moneys in the Deferred
| ||||||
25 | Lottery Prize Winners Trust Fund to the Lottery Fund. In the | ||||||
26 | event that the State shall enter into a Management and |
| |||||||
| |||||||
1 | Concession Agreement, this Section 27(c-15) shall not apply to | ||||||
2 | any prizes awarded after the closing date of the Management and | ||||||
3 | Concession Agreement.
| ||||||
4 | (c-20) In the event that the State shall enter into a | ||||||
5 | Management and Concession Agreement pursuant to which a | ||||||
6 | Concessionaire is authorized to manage or operate the Lottery, | ||||||
7 | there shall be created a fund to be known as the Lottery | ||||||
8 | Concession Trust Fund, which shall be a special | ||||||
9 | non-appropriated trust fund held outside of the State Treasury | ||||||
10 | and separate and apart from all public money and funds of this | ||||||
11 | State for the purpose of holding Concession revenues. All | ||||||
12 | proceeds from the sale of Lottery tickets or shares and all | ||||||
13 | other revenue from the State's conduct of the Lottery as | ||||||
14 | authorized under this amendatory Act of the 95th General | ||||||
15 | Assembly, including Lottery revenues a Concessionaire may be | ||||||
16 | eligible to receive under a Management and Concession | ||||||
17 | Agreement, with the exception of the initial consideration | ||||||
18 | distributed pursuant to Section 2.2, shall be paid into the | ||||||
19 | Fund. Within the Lottery Concession Trust Fund, there shall be | ||||||
20 | created sub-trusts for the purpose of holding moneys for the | ||||||
21 | exclusive benefit of the State and recipients of Prize Claims. | ||||||
22 | The Fund shall begin to receive lottery proceeds and | ||||||
23 | revenues on the date that a Management and Concession Agreement | ||||||
24 | first becomes effective, and moneys in the Fund shall not at | ||||||
25 | any time during the term of such an agreement be appropriated | ||||||
26 | or diverted to any other use or purpose. The Fund shall be held |
| |||||||
| |||||||
1 | by an Illinois trustee designated pursuant to the Concession | ||||||
2 | and Management Agreement. All interest or other earnings | ||||||
3 | accruing or received on amounts in the Fund shall be credited | ||||||
4 | to and retained by the Fund. The Fund shall be held, | ||||||
5 | administered, invested, and disbursed in accordance with the | ||||||
6 | trust agreement and the Management and Concession Agreement. | ||||||
7 | (c-25) The State may, through and limited by a valid and | ||||||
8 | enforceable Management and Concession Agreement, waive | ||||||
9 | sovereign immunity with respect to some or all claims asserted | ||||||
10 | by a Concessionaire relating to the Concession. | ||||||
11 | (d) This amendatory Act of 1985 shall be construed | ||||||
12 | liberally to effect
the purposes of the Illinois Lottery Law.
| ||||||
13 | (Source: P.A. 89-466, eff. 6-13-96; 90-346, eff. 8-8-97.)
| ||||||
14 | Section 10. The State Finance Act is amended by adding | ||||||
15 | Sections 5.715 and 5.716 as follows: | ||||||
16 | (30 ILCS 105/5.715 new)
| ||||||
17 | Sec. 5.715. The Illinois Education Trust Fund. | ||||||
18 | (30 ILCS 105/5.716 new)
| ||||||
19 | Sec. 5.716. The Illinois Works Fund. | ||||||
20 | Section 15. The Illinois Procurement Code is amended by | ||||||
21 | changing Section 50-70 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 500/50-70)
| ||||||
2 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
3 | applicable provisions of
the following Acts:
| ||||||
4 | (1) Article 33E of the Criminal Code of 1961;
| ||||||
5 | (2) the Illinois Human Rights Act;
| ||||||
6 | (3) the Discriminatory Club Act;
| ||||||
7 | (4) the Illinois Governmental Ethics Act;
| ||||||
8 | (5) the State Prompt Payment Act;
| ||||||
9 | (6) the Public Officer Prohibited Activities Act;
| ||||||
10 | (7) the Drug Free Workplace Act; and
| ||||||
11 | (8) the Illinois Power Agency Act ; . | ||||||
12 | (9) (8) the Employee Classification Act ; and .
| ||||||
13 | (10) The Illinois Lottery Law. | ||||||
14 | (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; revised | ||||||
15 | 11-2-07.)
| ||||||
16 | Section 20. The Court of Claims Act is amended by changing | ||||||
17 | Section 8 as follows:
| ||||||
18 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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19 | Sec. 8. Court of Claims jurisdiction. The court shall have | ||||||
20 | exclusive
jurisdiction to hear and determine the following | ||||||
21 | matters:
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22 | (a) All claims against the State founded upon any law of | ||||||
23 | the State of
Illinois or upon any regulation adopted thereunder | ||||||
24 | by an executive or
administrative officer or agency; provided, |
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1 | however, the court shall not have
jurisdiction (i) to hear or | ||||||
2 | determine claims arising under
the Workers' Compensation Act or | ||||||
3 | the Workers' Occupational Diseases Act, or
claims for expenses | ||||||
4 | in civil litigation, or (ii) to review administrative
decisions | ||||||
5 | for which a statute provides that review shall be in the | ||||||
6 | circuit or
appellate court.
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7 | (b) All claims against the State founded upon any contract | ||||||
8 | entered
into with the State of Illinois , except and to the | ||||||
9 | extent provided by the Illinois Lottery Law .
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10 | (c) All claims against the State for time unjustly served | ||||||
11 | in prisons
of this State where the persons imprisoned shall | ||||||
12 | receive a pardon from
the governor stating that such pardon is | ||||||
13 | issued on the ground of
innocence of the crime for which they | ||||||
14 | were imprisoned; provided, the
court shall make no award in | ||||||
15 | excess of the following amounts: for
imprisonment of 5 years or | ||||||
16 | less, not more than $15,000; for imprisonment
of 14 years or | ||||||
17 | less but over 5 years, not more than $30,000; for
imprisonment | ||||||
18 | of over 14 years, not more than $35,000; and provided
further, | ||||||
19 | the court shall fix attorney's fees not to exceed 25% of the | ||||||
20 | award
granted. On December 31, 1996, the court shall make a | ||||||
21 | one-time adjustment in the maximum awards
authorized by this | ||||||
22 | subsection (c), to reflect the increase in the cost of
living | ||||||
23 | from the year in which these maximum awards were last adjusted | ||||||
24 | until
1996, but with no annual increment exceeding 5%. | ||||||
25 | Thereafter, the court shall
annually adjust the maximum awards | ||||||
26 | authorized by this subsection (c) to reflect
the increase, if |
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1 | any, in the Consumer Price Index For All Urban Consumers for
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2 | the previous calendar year, as determined by the United States | ||||||
3 | Department of
Labor, except that no annual increment may exceed | ||||||
4 | 5%. For both the one-time
adjustment and the subsequent annual | ||||||
5 | adjustments, if the Consumer Price Index
decreases during a | ||||||
6 | calendar year, there shall be no adjustment for that
calendar | ||||||
7 | year. The changes made by Public Act 89-689 apply to all claims | ||||||
8 | filed on or after January 1, 1995 that
are pending on December | ||||||
9 | 31, 1996 and all claims filed on or after December 31, 1996.
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10 | (d) All claims against the State for damages in cases | ||||||
11 | sounding in tort, if
a like cause of action would lie against a | ||||||
12 | private person or corporation in a
civil suit, and all like | ||||||
13 | claims sounding in tort against the Medical Center
Commission, | ||||||
14 | the Board of Trustees of the University of Illinois, the Board | ||||||
15 | of
Trustees of Southern Illinois University, the Board of | ||||||
16 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
17 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
18 | State University, the Board of Trustees of
Illinois State | ||||||
19 | University, the Board of Trustees of Northeastern Illinois
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20 | University, the Board of Trustees of Northern Illinois | ||||||
21 | University, the Board
of Trustees of Western Illinois | ||||||
22 | University, or the Board of Trustees of the
Illinois | ||||||
23 | Mathematics and Science Academy; provided, that an award for | ||||||
24 | damages
in a case sounding in tort, other than certain cases | ||||||
25 | involving the operation
of a State vehicle described in this | ||||||
26 | paragraph, shall not exceed the sum of
$100,000 to or for the |
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1 | benefit of
any claimant. The $100,000 limit prescribed by this | ||||||
2 | Section does not
apply to an award of damages in any case | ||||||
3 | sounding in tort arising out of
the operation by a State | ||||||
4 | employee of a vehicle owned, leased or
controlled by the State. | ||||||
5 | The defense that the State or the Medical
Center Commission or | ||||||
6 | the Board of Trustees of the University of Illinois, the
Board | ||||||
7 | of Trustees of Southern Illinois University, the Board of | ||||||
8 | Trustees of
Chicago State University, the Board of Trustees of | ||||||
9 | Eastern Illinois University,
the Board of Trustees of Governors | ||||||
10 | State University, the Board of Trustees of
Illinois State | ||||||
11 | University, the Board of Trustees of Northeastern Illinois
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12 | University, the Board of Trustees of Northern Illinois | ||||||
13 | University, the Board of
Trustees of Western Illinois | ||||||
14 | University, or the Board of Trustees of the
Illinois | ||||||
15 | Mathematics and Science Academy is not liable for the | ||||||
16 | negligence of
its officers, agents, and employees in the course | ||||||
17 | of their employment is not
applicable to the hearing and | ||||||
18 | determination of such claims.
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19 | (e) All claims for recoupment made by the State of Illinois | ||||||
20 | against
any claimant.
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21 | (f) All claims pursuant to the Line of Duty Compensation
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22 | Act.
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23 | (g) All claims filed pursuant to the Crime Victims | ||||||
24 | Compensation Act.
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25 | (h) All claims pursuant to the Illinois National | ||||||
26 | Guardsman's Compensation
Act.
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1 | (i) All claims authorized by subsection (a) of Section | ||||||
2 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
3 | expenses incurred by a party in a
contested case on the | ||||||
4 | administrative level.
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5 | (Source: P.A. 93-1047, eff. 10-18-04.)
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6 | Section 25. The State Lawsuit Immunity Act is amended by | ||||||
7 | changing Section 1 as follows: | ||||||
8 | (745 ILCS 5/1) (from Ch. 127, par. 801)
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9 | Sec. 1. Except as provided in the Illinois Public Labor | ||||||
10 | Relations
Act, the Court of Claims Act, the State Officials and
| ||||||
11 | Employees Ethics Act,
and Section 1.5 of this Act, the Illinois | ||||||
12 | Lottery Law, and, except as provided in and to the extent | ||||||
13 | provided in the Clean Coal FutureGen for Illinois Act, the | ||||||
14 | State of Illinois shall not be made a
defendant or party in any | ||||||
15 | court.
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16 | (Source: P.A. 95-18, eff. 7-30-07; 95-331, eff. 8-21-07; | ||||||
17 | revised 11-30-07.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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