Rep. Natalie A. Manley

Filed: 5/2/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1726

2    AMENDMENT NO. ______. Amend Senate Bill 1726 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Lottery Law is amended by changing
5Sections 2, 9.1, and 20 and by adding Section 21.12 as follows:
 
6    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
7    Sec. 2. This Act is enacted to implement and establish
8within the State a lottery to be conducted by the State through
9the Department. The entire net proceeds of the Lottery are to
10be used for the support of the State's Common School Fund,
11except as provided in subsection (o) of Section 9.1 and
12Sections 21.5, 21.6, 21.7, 21.8, 21.9, and 21.10, 21.11, and
1321.12. The General Assembly finds that it is in the public
14interest for the Department to conduct the functions of the
15Lottery with the assistance of a private manager under a
16management agreement overseen by the Department. The

 

 

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1Department shall be accountable to the General Assembly and the
2people of the State through a comprehensive system of
3regulation, audits, reports, and enduring operational
4oversight. The Department's ongoing conduct of the Lottery
5through a management agreement with a private manager shall act
6to promote and ensure the integrity, security, honesty, and
7fairness of the Lottery's operation and administration. It is
8the intent of the General Assembly that the Department shall
9conduct the Lottery with the assistance of a private manager
10under a management agreement at all times in a manner
11consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
12    Beginning with Fiscal Year 2018 and every year thereafter,
13any moneys transferred from the State Lottery Fund to the
14Common School Fund shall be supplemental to, and not in lieu
15of, any other money due to be transferred to the Common School
16Fund by law or appropriation.
17(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18;
18100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; revised
199-20-18.)
 
20    (20 ILCS 1605/9.1)
21    Sec. 9.1. Private manager and management agreement.
22    (a) As used in this Section:
23    "Offeror" means a person or group of persons that responds
24to a request for qualifications under this Section.
25    "Request for qualifications" means all materials and

 

 

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1documents prepared by the Department to solicit the following
2from offerors:
3        (1) Statements of qualifications.
4        (2) Proposals to enter into a management agreement,
5    including the identity of any prospective vendor or vendors
6    that the offeror intends to initially engage to assist the
7    offeror in performing its obligations under the management
8    agreement.
9    "Final offer" means the last proposal submitted by an
10offeror in response to the request for qualifications,
11including the identity of any prospective vendor or vendors
12that the offeror intends to initially engage to assist the
13offeror in performing its obligations under the management
14agreement.
15    "Final offeror" means the offeror ultimately selected by
16the Governor to be the private manager for the Lottery under
17subsection (h) of this Section.
18    (b) By September 15, 2010, the Governor shall select a
19private manager for the total management of the Lottery with
20integrated functions, such as lottery game design, supply of
21goods and services, and advertising and as specified in this
22Section.
23    (c) Pursuant to the terms of this subsection, the
24Department shall endeavor to expeditiously terminate the
25existing contracts in support of the Lottery in effect on the
26effective date of this amendatory Act of the 96th General

 

 

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1Assembly in connection with the selection of the private
2manager. As part of its obligation to terminate these contracts
3and select the private manager, the Department shall establish
4a mutually agreeable timetable to transfer the functions of
5existing contractors to the private manager so that existing
6Lottery operations are not materially diminished or impaired
7during the transition. To that end, the Department shall do the
8following:
9        (1) where such contracts contain a provision
10    authorizing termination upon notice, the Department shall
11    provide notice of termination to occur upon the mutually
12    agreed timetable for transfer of functions;
13        (2) upon the expiration of any initial term or renewal
14    term of the current Lottery contracts, the Department shall
15    not renew such contract for a term extending beyond the
16    mutually agreed timetable for transfer of functions; or
17        (3) in the event any current contract provides for
18    termination of that contract upon the implementation of a
19    contract with the private manager, the Department shall
20    perform all necessary actions to terminate the contract on
21    the date that coincides with the mutually agreed timetable
22    for transfer of functions.
23    If the contracts to support the current operation of the
24Lottery in effect on the effective date of this amendatory Act
25of the 96th General Assembly are not subject to termination as
26provided for in this subsection (c), then the Department may

 

 

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1include a provision in the contract with the private manager
2specifying a mutually agreeable methodology for incorporation.
3    (c-5) The Department shall include provisions in the
4management agreement whereby the private manager shall, for a
5fee, and pursuant to a contract negotiated with the Department
6(the "Employee Use Contract"), utilize the services of current
7Department employees to assist in the administration and
8operation of the Lottery. The Department shall be the employer
9of all such bargaining unit employees assigned to perform such
10work for the private manager, and such employees shall be State
11employees, as defined by the Personnel Code. Department
12employees shall operate under the same employment policies,
13rules, regulations, and procedures, as other employees of the
14Department. In addition, neither historical representation
15rights under the Illinois Public Labor Relations Act, nor
16existing collective bargaining agreements, shall be disturbed
17by the management agreement with the private manager for the
18management of the Lottery.
19    (d) The management agreement with the private manager shall
20include all of the following:
21        (1) A term not to exceed 10 years, including any
22    renewals.
23        (2) A provision specifying that the Department:
24            (A) shall exercise actual control over all
25        significant business decisions;
26            (A-5) has the authority to direct or countermand

 

 

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1        operating decisions by the private manager at any time;
2            (B) has ready access at any time to information
3        regarding Lottery operations;
4            (C) has the right to demand and receive information
5        from the private manager concerning any aspect of the
6        Lottery operations at any time; and
7            (D) retains ownership of all trade names,
8        trademarks, and intellectual property associated with
9        the Lottery.
10        (3) A provision imposing an affirmative duty on the
11    private manager to provide the Department with material
12    information and with any information the private manager
13    reasonably believes the Department would want to know to
14    enable the Department to conduct the Lottery.
15        (4) A provision requiring the private manager to
16    provide the Department with advance notice of any operating
17    decision that bears significantly on the public interest,
18    including, but not limited to, decisions on the kinds of
19    games to be offered to the public and decisions affecting
20    the relative risk and reward of the games being offered, so
21    the Department has a reasonable opportunity to evaluate and
22    countermand that decision.
23        (5) A provision providing for compensation of the
24    private manager that may consist of, among other things, a
25    fee for services and a performance based bonus as
26    consideration for managing the Lottery, including terms

 

 

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1    that may provide the private manager with an increase in
2    compensation if Lottery revenues grow by a specified
3    percentage in a given year.
4        (6) (Blank).
5        (7) A provision requiring the deposit of all Lottery
6    proceeds to be deposited into the State Lottery Fund except
7    as otherwise provided in Section 20 of this Act.
8        (8) A provision requiring the private manager to locate
9    its principal office within the State.
10        (8-5) A provision encouraging that at least 20% of the
11    cost of contracts entered into for goods and services by
12    the private manager in connection with its management of
13    the Lottery, other than contracts with sales agents or
14    technical advisors, be awarded to businesses that are a
15    minority-owned business, a women-owned business, or a
16    business owned by a person with disability, as those terms
17    are defined in the Business Enterprise for Minorities,
18    Women, and Persons with Disabilities Act.
19        (9) A requirement that so long as the private manager
20    complies with all the conditions of the agreement under the
21    oversight of the Department, the private manager shall have
22    the following duties and obligations with respect to the
23    management of the Lottery:
24            (A) The right to use equipment and other assets
25        used in the operation of the Lottery.
26            (B) The rights and obligations under contracts

 

 

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1        with retailers and vendors.
2            (C) The implementation of a comprehensive security
3        program by the private manager.
4            (D) The implementation of a comprehensive system
5        of internal audits.
6            (E) The implementation of a program by the private
7        manager to curb compulsive gambling by persons playing
8        the Lottery.
9            (F) A system for determining (i) the type of
10        Lottery games, (ii) the method of selecting winning
11        tickets, (iii) the manner of payment of prizes to
12        holders of winning tickets, (iv) the frequency of
13        drawings of winning tickets, (v) the method to be used
14        in selling tickets, (vi) a system for verifying the
15        validity of tickets claimed to be winning tickets,
16        (vii) the basis upon which retailer commissions are
17        established by the manager, and (viii) minimum
18        payouts.
19        (10) A requirement that advertising and promotion must
20    be consistent with Section 7.8a of this Act.
21        (11) A requirement that the private manager market the
22    Lottery to those residents who are new, infrequent, or
23    lapsed players of the Lottery, especially those who are
24    most likely to make regular purchases on the Internet as
25    permitted by law.
26        (12) A code of ethics for the private manager's

 

 

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1    officers and employees.
2        (13) A requirement that the Department monitor and
3    oversee the private manager's practices and take action
4    that the Department considers appropriate to ensure that
5    the private manager is in compliance with the terms of the
6    management agreement, while allowing the manager, unless
7    specifically prohibited by law or the management
8    agreement, to negotiate and sign its own contracts with
9    vendors.
10        (14) A provision requiring the private manager to
11    periodically file, at least on an annual basis, appropriate
12    financial statements in a form and manner acceptable to the
13    Department.
14        (15) Cash reserves requirements.
15        (16) Procedural requirements for obtaining the prior
16    approval of the Department when a management agreement or
17    an interest in a management agreement is sold, assigned,
18    transferred, or pledged as collateral to secure financing.
19        (17) Grounds for the termination of the management
20    agreement by the Department or the private manager.
21        (18) Procedures for amendment of the agreement.
22        (19) A provision requiring the private manager to
23    engage in an open and competitive bidding process for any
24    procurement having a cost in excess of $50,000 that is not
25    a part of the private manager's final offer. The process
26    shall favor the selection of a vendor deemed to have

 

 

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1    submitted a proposal that provides the Lottery with the
2    best overall value. The process shall not be subject to the
3    provisions of the Illinois Procurement Code, unless
4    specifically required by the management agreement.
5        (20) The transition of rights and obligations,
6    including any associated equipment or other assets used in
7    the operation of the Lottery, from the manager to any
8    successor manager of the lottery, including the
9    Department, following the termination of or foreclosure
10    upon the management agreement.
11        (21) Right of use of copyrights, trademarks, and
12    service marks held by the Department in the name of the
13    State. The agreement must provide that any use of them by
14    the manager shall only be for the purpose of fulfilling its
15    obligations under the management agreement during the term
16    of the agreement.
17        (22) The disclosure of any information requested by the
18    Department to enable it to comply with the reporting
19    requirements and information requests provided for under
20    subsection (p) of this Section.
21    (e) Notwithstanding any other law to the contrary, the
22Department shall select a private manager through a competitive
23request for qualifications process consistent with Section
2420-35 of the Illinois Procurement Code, which shall take into
25account:
26        (1) the offeror's ability to market the Lottery to

 

 

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1    those residents who are new, infrequent, or lapsed players
2    of the Lottery, especially those who are most likely to
3    make regular purchases on the Internet;
4        (2) the offeror's ability to address the State's
5    concern with the social effects of gambling on those who
6    can least afford to do so;
7        (3) the offeror's ability to provide the most
8    successful management of the Lottery for the benefit of the
9    people of the State based on current and past business
10    practices or plans of the offeror; and
11        (4) the offeror's poor or inadequate past performance
12    in servicing, equipping, operating or managing a lottery on
13    behalf of Illinois, another State or foreign government and
14    attracting persons who are not currently regular players of
15    a lottery.
16    (f) The Department may retain the services of an advisor or
17advisors with significant experience in financial services or
18the management, operation, and procurement of goods, services,
19and equipment for a government-run lottery to assist in the
20preparation of the terms of the request for qualifications and
21selection of the private manager. Any prospective advisor
22seeking to provide services under this subsection (f) shall
23disclose any material business or financial relationship
24during the past 3 years with any potential offeror, or with a
25contractor or subcontractor presently providing goods,
26services, or equipment to the Department to support the

 

 

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1Lottery. The Department shall evaluate the material business or
2financial relationship of each prospective advisor. The
3Department shall not select any prospective advisor with a
4substantial business or financial relationship that the
5Department deems to impair the objectivity of the services to
6be provided by the prospective advisor. During the course of
7the advisor's engagement by the Department, and for a period of
8one year thereafter, the advisor shall not enter into any
9business or financial relationship with any offeror or any
10vendor identified to assist an offeror in performing its
11obligations under the management agreement. Any advisor
12retained by the Department shall be disqualified from being an
13offeror. The Department shall not include terms in the request
14for qualifications that provide a material advantage whether
15directly or indirectly to any potential offeror, or any
16contractor or subcontractor presently providing goods,
17services, or equipment to the Department to support the
18Lottery, including terms contained in previous responses to
19requests for proposals or qualifications submitted to
20Illinois, another State or foreign government when those terms
21are uniquely associated with a particular potential offeror,
22contractor, or subcontractor. The request for proposals
23offered by the Department on December 22, 2008 as
24"LOT08GAMESYS" and reference number "22016176" is declared
25void.
26    (g) The Department shall select at least 2 offerors as

 

 

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1finalists to potentially serve as the private manager no later
2than August 9, 2010. Upon making preliminary selections, the
3Department shall schedule a public hearing on the finalists'
4proposals and provide public notice of the hearing at least 7
5calendar days before the hearing. The notice must include all
6of the following:
7        (1) The date, time, and place of the hearing.
8        (2) The subject matter of the hearing.
9        (3) A brief description of the management agreement to
10    be awarded.
11        (4) The identity of the offerors that have been
12    selected as finalists to serve as the private manager.
13        (5) The address and telephone number of the Department.
14    (h) At the public hearing, the Department shall (i) provide
15sufficient time for each finalist to present and explain its
16proposal to the Department and the Governor or the Governor's
17designee, including an opportunity to respond to questions
18posed by the Department, Governor, or designee and (ii) allow
19the public and non-selected offerors to comment on the
20presentations. The Governor or a designee shall attend the
21public hearing. After the public hearing, the Department shall
22have 14 calendar days to recommend to the Governor whether a
23management agreement should be entered into with a particular
24finalist. After reviewing the Department's recommendation, the
25Governor may accept or reject the Department's recommendation,
26and shall select a final offeror as the private manager by

 

 

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1publication of a notice in the Illinois Procurement Bulletin on
2or before September 15, 2010. The Governor shall include in the
3notice a detailed explanation and the reasons why the final
4offeror is superior to other offerors and will provide
5management services in a manner that best achieves the
6objectives of this Section. The Governor shall also sign the
7management agreement with the private manager.
8    (i) Any action to contest the private manager selected by
9the Governor under this Section must be brought within 7
10calendar days after the publication of the notice of the
11designation of the private manager as provided in subsection
12(h) of this Section.
13    (j) The Lottery shall remain, for so long as a private
14manager manages the Lottery in accordance with provisions of
15this Act, a Lottery conducted by the State, and the State shall
16not be authorized to sell or transfer the Lottery to a third
17party.
18    (k) Any tangible personal property used exclusively in
19connection with the lottery that is owned by the Department and
20leased to the private manager shall be owned by the Department
21in the name of the State and shall be considered to be public
22property devoted to an essential public and governmental
23function.
24    (l) The Department may exercise any of its powers under
25this Section or any other law as necessary or desirable for the
26execution of the Department's powers under this Section.

 

 

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1    (m) Neither this Section nor any management agreement
2entered into under this Section prohibits the General Assembly
3from authorizing forms of gambling that are not in direct
4competition with the Lottery.
5    (n) The private manager shall be subject to a complete
6investigation in the third, seventh, and tenth years of the
7agreement (if the agreement is for a 10-year term) by the
8Department in cooperation with the Auditor General to determine
9whether the private manager has complied with this Section and
10the management agreement. The private manager shall bear the
11cost of an investigation or reinvestigation of the private
12manager under this subsection.
13    (o) The powers conferred by this Section are in addition
14and supplemental to the powers conferred by any other law. If
15any other law or rule is inconsistent with this Section,
16including, but not limited to, provisions of the Illinois
17Procurement Code, then this Section controls as to any
18management agreement entered into under this Section. This
19Section and any rules adopted under this Section contain full
20and complete authority for a management agreement between the
21Department and a private manager. No law, procedure,
22proceeding, publication, notice, consent, approval, order, or
23act by the Department or any other officer, Department, agency,
24or instrumentality of the State or any political subdivision is
25required for the Department to enter into a management
26agreement under this Section. This Section contains full and

 

 

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1complete authority for the Department to approve any contracts
2entered into by a private manager with a vendor providing
3goods, services, or both goods and services to the private
4manager under the terms of the management agreement, including
5subcontractors of such vendors.
6    Upon receipt of a written request from the Chief
7Procurement Officer, the Department shall provide to the Chief
8Procurement Officer a complete and un-redacted copy of the
9management agreement or any contract that is subject to the
10Department's approval authority under this subsection (o). The
11Department shall provide a copy of the agreement or contract to
12the Chief Procurement Officer in the time specified by the
13Chief Procurement Officer in his or her written request, but no
14later than 5 business days after the request is received by the
15Department. The Chief Procurement Officer must retain any
16portions of the management agreement or of any contract
17designated by the Department as confidential, proprietary, or
18trade secret information in complete confidence pursuant to
19subsection (g) of Section 7 of the Freedom of Information Act.
20The Department shall also provide the Chief Procurement Officer
21with reasonable advance written notice of any contract that is
22pending Department approval.
23    Notwithstanding any other provision of this Section to the
24contrary, the Chief Procurement Officer shall adopt
25administrative rules, including emergency rules, to establish
26a procurement process to select a successor private manager if

 

 

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1a private management agreement has been terminated. The
2selection process shall at a minimum take into account the
3criteria set forth in items (1) through (4) of subsection (e)
4of this Section and may include provisions consistent with
5subsections (f), (g), (h), and (i) of this Section. The Chief
6Procurement Officer shall also implement and administer the
7adopted selection process upon the termination of a private
8management agreement. The Department, after the Chief
9Procurement Officer certifies that the procurement process has
10been followed in accordance with the rules adopted under this
11subsection (o), shall select a final offeror as the private
12manager and sign the management agreement with the private
13manager.
14    Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
1521.9, and 21.10, 21.11, and 21.12, and 21.10 the Department
16shall distribute all proceeds of lottery tickets and shares
17sold in the following priority and manner:
18        (1) The payment of prizes and retailer bonuses.
19        (2) The payment of costs incurred in the operation and
20    administration of the Lottery, including the payment of
21    sums due to the private manager under the management
22    agreement with the Department.
23        (3) On the last day of each month or as soon thereafter
24    as possible, the State Comptroller shall direct and the
25    State Treasurer shall transfer from the State Lottery Fund
26    to the Common School Fund an amount that is equal to the

 

 

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1    proceeds transferred in the corresponding month of fiscal
2    year 2009, as adjusted for inflation, to the Common School
3    Fund.
4        (4) On or before September 30 of each fiscal year,
5    deposit any estimated remaining proceeds from the prior
6    fiscal year, subject to payments under items (1), (2), and
7    (3), into the Capital Projects Fund. Beginning in fiscal
8    year 2019, the amount deposited shall be increased or
9    decreased each year by the amount the estimated payment
10    differs from the amount determined from each year-end
11    financial audit. Only remaining net deficits from prior
12    fiscal years may reduce the requirement to deposit these
13    funds, as determined by the annual financial audit.
14    (p) The Department shall be subject to the following
15reporting and information request requirements:
16        (1) the Department shall submit written quarterly
17    reports to the Governor and the General Assembly on the
18    activities and actions of the private manager selected
19    under this Section;
20        (2) upon request of the Chief Procurement Officer, the
21    Department shall promptly produce information related to
22    the procurement activities of the Department and the
23    private manager requested by the Chief Procurement
24    Officer; the Chief Procurement Officer must retain
25    confidential, proprietary, or trade secret information
26    designated by the Department in complete confidence

 

 

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1    pursuant to subsection (g) of Section 7 of the Freedom of
2    Information Act; and
3        (3) at least 30 days prior to the beginning of the
4    Department's fiscal year, the Department shall prepare an
5    annual written report on the activities of the private
6    manager selected under this Section and deliver that report
7    to the Governor and General Assembly.
8(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17;
9100-587, eff. 6-4-18; 100-647, eff. 7-30-18; 100-1068, eff.
108-24-18; revised 9-20-18.)
 
11    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
12    Sec. 20. State Lottery Fund.
13    (a) There is created in the State Treasury a special fund
14to be known as the "State Lottery Fund". Such fund shall
15consist of all revenues received from (1) the sale of lottery
16tickets or shares, (net of commissions, fees representing those
17expenses that are directly proportionate to the sale of tickets
18or shares at the agent location, and prizes of less than $600
19which have been validly paid at the agent level), (2)
20application fees, and (3) all other sources including moneys
21credited or transferred thereto from any other fund or source
22pursuant to law. Interest earnings of the State Lottery Fund
23shall be credited to the Common School Fund.
24    (b) The receipt and distribution of moneys under Section
2521.5 of this Act shall be in accordance with Section 21.5.

 

 

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1    (c) The receipt and distribution of moneys under Section
221.6 of this Act shall be in accordance with Section 21.6.
3    (d) The receipt and distribution of moneys under Section
421.7 of this Act shall be in accordance with Section 21.7.
5    (e) The receipt and distribution of moneys under Section
621.8 of this Act shall be in accordance with Section 21.8.
7    (f) The receipt and distribution of moneys under Section
821.9 of this Act shall be in accordance with Section 21.9.
9    (g) The receipt and distribution of moneys under Section
1021.10 of this Act shall be in accordance with Section 21.10.
11    (h) (g) The receipt and distribution of moneys under
12Section 21.11 21.10 of this Act shall be in accordance with
13Section 21.11 21.10.
14    (i) The receipt and distribution of moneys under Section
1521.12 of this Act shall be in accordance with Section 21.12.
16(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
17revised 9-20-18.)
 
18    (20 ILCS 1605/21.12 new)
19    Sec. 21.12. The End of Alzheimer's Begins With Me
20scratch-off game.
21    (a) The Department shall offer a special instant
22scratch-off game with the title of "The End of Alzheimer's
23Begins With Me". The game shall commence on January 1, 2020 or
24as soon thereafter, at the discretion of the Director, as is
25reasonably practical. The operation of the game shall be

 

 

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1governed by this Act and any rules adopted by the Department.
2If any provision of this Section is inconsistent with any other
3provision of this Act, then this Section governs.
4    (b) The net revenue from the "The End of Alzheimer's Begins
5With Me" scratch-off game shall be deposited into the
6Alzheimer's Awareness Fund.
7    Moneys received for the purposes of this Section,
8including, without limitation, net revenue from the special
9instant scratch-off game and from gifts, grants, and awards
10from any public or private entity, must be deposited into the
11Fund. Any interest earned on moneys in the Fund must be
12deposited into the Fund.
13    For the purposes of this subsection, "net revenue" means
14the total amount for which tickets have been sold less the sum
15of the amount paid out in the prizes and the actual
16administrative expenses of the Department solely related to the
17scratch-off game under this Section.
18    (c) During the time that tickets are sold for the "The End
19of Alzheimer's Begins With Me" scratch-off game, the Department
20shall not unreasonably diminish the efforts devoted to
21marketing any other instant scratch-off lottery game.
22    (d) The Department may adopt any rules necessary to
23implement and administer the provisions of this Section.
 
24    Section 10. The State Finance Act is amended by changing
25Section 5.180 as follows:
 

 

 

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1    (30 ILCS 105/5.180)  (from Ch. 127, par. 141.180)
2    Sec. 5.180. The Alzheimer's Disease Research, Care, and
3Support Fund.
4(Source: P.A. 84-1308.)
 
5    Section 15. The Alzheimer's Disease Assistance Act is
6amended by changing Section 6 and by adding Section 8 as
7follows:
 
8    (410 ILCS 405/6)  (from Ch. 111 1/2, par. 6956)
9    Sec. 6. Alzheimer's Disease ADA Advisory Committee.
10    (a) There is created the Alzheimer's Disease Advisory
11Committee consisting of 17 23 voting members appointed by the
12Director of the Department, as well as 5 nonvoting members as
13hereinafter provided in this Section. The Director or his
14designee shall serve as one of the 17 23 voting members and as
15the Chairman of the Committee. Those appointed as voting
16members shall include persons who are experienced in research
17and the delivery of services to individuals with Alzheimer's
18disease or a related disorder and their families. Such members
19shall include:
20        (1) one individual from a statewide association
21    dedicated to Alzheimer's care, support, and research;
22        (2) one individual from a non-governmental statewide
23    organization that advocates for seniors;

 

 

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1        (3) the Dementia Coordinator of the Illinois
2    Department of Public Health, or the Dementia Coordinator's
3    designee;
4        (4) one individual representing the Community Care
5    Program's Home and Community Services Division;
6        (5) one individual representing the Adult Protective
7    Services Unit;
8        (6) 3 individuals from Alzheimer's Disease Assistance
9    Centers;
10        (7) one individual from a statewide association
11    representing an adult day service organization;
12        (8) one individual from a statewide association
13    representing home care providers;
14        (9) one individual from a statewide trade organization
15    representing the interests of physicians licensed to
16    practice medicine in all of its branches in Illinois;
17        (10) one individual representing long-term care
18    facilities licensed under the Nursing Home Care Act, an
19    assisted living establishment licensed under the Assisted
20    Living and Shared Housing Act, or supportive living
21    facilities;
22        (11) one individual from a statewide association
23    representing the interests of social workers;
24        (12) one individual representing Area Agencies on
25    Aging;
26        (13) the Medicaid Director of the Department of

 

 

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1    Healthcare and Family Services, or the Medicaid Director's
2    designee;
3        (14) one individual from a statewide association
4    representing health education and promotion and public
5    health advocacy; and
6        (15) one individual with medical or academic
7    experience with early onset Alzheimer's disease or related
8    disorders. 3 physicians licensed to practice medicine in
9    all of its branches, one representative of a licensed
10    hospital, one registered nurse with a specialty in
11    geriatric or dementia care, one representative of a long
12    term care facility under the Nursing Home Care Act, one
13    representative of a long term care facility under the
14    Assisted Living and Shared Housing Act, one representative
15    from a supportive living facility specially serving
16    individuals with dementia, one representative of a home
17    care agency serving individuals with dementia, one
18    representative of a hospice with a specialty in palliative
19    care for dementia, one representative of an area agency on
20    aging as defined by Section 3.07 of the Illinois Act on the
21    Aging, one representative from a leading advocacy
22    organization serving individuals with Alzheimer's disease,
23    one licensed social worker, one representative of law
24    enforcement, 2 individuals with early-stage Alzheimer's
25    disease, 3 family members or representatives of
26    individuals with Alzheimer's disease and related

 

 

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1    disorders, and 3 members of the general public. Among the
2    physician appointments shall be persons with specialties
3    in the fields of neurology, family medicine, psychiatry and
4    pharmacology. Among the general public members, at least 2
5    appointments shall include persons 65 years of age or
6    older.
7    (b) In addition to the 17 23 voting members, the Directors
8of the following State agencies or their designees who are
9qualified to represent each Department's programs and services
10for those with Alzheimer's disease or related disorders shall
11serve as nonvoting members: Department on Aging, Department of
12Healthcare and Family Services, Department of Public Health,
13Department of Human Services, and Guardianship and Advocacy
14Commission.
15    Each voting member appointed by the Director of Public
16Health shall serve for a term of 2 years, and until his
17successor is appointed and qualified. Members of the Committee
18shall not be compensated but shall be reimbursed for expenses
19actually incurred in the performance of their duties. No more
20than 12 voting members may be of the same political party.
21Vacancies shall be filled in the same manner as original
22appointments.
23    The Committee shall review all State programs and services
24provided by State agencies that are directed toward persons
25with Alzheimer's disease and related dementias, and by
26consensus recommend changes to improve the State's response to

 

 

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1this serious health problem. Such recommendations shall be
2included in the State plan described in this Act.
3(Source: P.A. 97-768, eff. 1-1-13.)
 
4    (410 ILCS 405/8 new)
5    Sec. 8. Alzheimer's Disease Research, Care, and Support
6Fund; support. The Department, in coordination with the members
7of the Alzheimer's Disease Advisory Committee, shall make
8reasonable efforts to promote the Alzheimer's Disease
9Research, Care, and Support Fund during relevant times,
10including, but not limited to, periods of time when tax returns
11are typically received. Ways to promote the Fund include, but
12are not limited to, issuing press releases and posting on
13social media.
 
14    Section 20. The Alzheimer's Disease Research Act is amended
15by changing Sections 1, 2, 3, and by adding Sections 3.1, 3.2
16and 3.3 as follows:
 
17    (410 ILCS 410/1)  (from Ch. 111 1/2, par. 6901)
18    Sec. 1. Short title. This Act shall be known and may be
19cited as the Alzheimer's Disease Research, Care, and Support
20Fund Act.
21(Source: P.A. 84-324.)
 
22    (410 ILCS 410/2)  (from Ch. 111 1/2, par. 6902)

 

 

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1    Sec. 2. Contributions on tax returns. Each individual
2taxpayer required to file a return pursuant to the Illinois
3Income Tax Act desiring to contribute to the Alzheimer's
4Disease Research, Care, and Support Fund may do so by stating
5the amount of such contribution (not less than $1) on such
6return. This Section shall not apply to an amended return.
7(Source: P.A. 86-678.)
 
8    (410 ILCS 410/3)  (from Ch. 111 1/2, par. 6903)
9    Sec. 3. Alzheimer's Disease Research, Care, and Support
10Fund.
11    (a) There is created the Alzheimer's Disease Research,
12Care, and Support Fund, a special fund in the State Treasury.
13    (b) The Department of Public Health shall deposit any
14donations received for the grant program created pursuant to
15this Act in the Alzheimer's Disease Research, Care, and Support
16Fund.
17    (c) The General Assembly may appropriate moneys monies in
18the Alzheimer's Disease Research, Care, and Support Fund to the
19Department of Public Health for the purpose of complying with
20the requirements under Section 3.1 of awarding grants pursuant
21to this Act.
22(Source: P.A. 84-1265.)
 
23    (410 ILCS 410/3.1 new)
24    Sec. 3.1. Dementia Coordinator.

 

 

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1    (a) The full-time position of Dementia Coordinator is
2created within the Department of Public Health. The Dementia
3Coordinator shall be funded out of the Alzheimer's Disease
4Research, Care, and Support Fund. The Dementia Coordinator is
5responsible only for activities associated with and relevant to
6the successful implementation of the State of Illinois
7Alzheimer's Disease State Plan, including, but not limited to:
8        (1) coordinating quality dementia services in the
9    State to ensure dementia capability;
10        (2) using dementia-related data to coordinate with the
11    Department to improve public health outcomes;
12        (3) increasing awareness and creating
13    dementia-specific training;
14        (4) providing access to quality coordinated care for
15    individuals with dementia in the most integrated setting
16    available;
17        (5) establishing and maintaining relationships with
18    other agencies and organizations within the State in order
19    to meet the needs of the affected population and prevent
20    duplication of services;
21        (6) identifying and managing grants to assist in the
22    funding of the position of Dementia Coordinator and other
23    programs and services to assist Illinois in becoming
24    dementia-capable;
25        (7) working with the Department's Behavioral Risk
26    Factor Surveillance System Coordinator and the Alzheimer's

 

 

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1    Disease Advisory Committee in identifying available funds
2    to execute appropriate modules for critical data
3    collection and research, if and when necessary; moneys
4    appropriated to the Alzheimer's Disease Research, Care,
5    and Support Fund may be considered;
6        (8) building and maintaining effective working
7    relationships with other departments and organizations to
8    ensure coordination between and the support of dementia
9    services;
10        (9) maintaining and applying knowledge of current
11    developments and trends in the assigned area of expertise
12    by reading appropriate journals, books, and other
13    professional literature, and attending related
14    conferences, seminars, and trainings;
15        (10) providing support for the Alzheimer's Disease
16    Advisory Committee's activities, including co-drafting the
17    State plan; and
18        (11) compiling and publishing an annual report on the
19    state of dementia care in Illinois, including, but not
20    limited to, the status of Illinois in becoming a
21    dementia-capable state.
 
22    (410 ILCS 410/3.2 new)
23    Sec. 3.2. Use of moneys in the Fund. Moneys in the
24Alzheimer's Disease Research, Care, and Support Fund shall be
25used by the Department of Public Health to cover costs

 

 

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1associated with this Act, including, but not limited to, the
2following:
3        (1) salary and benefits for the full-time position of
4    Dementia Coordinator within the Department; and
5        (2) other expenses contingent with the
6    responsibilities of the Dementia Coordinator, including,
7    but not limited to, travel and professional development
8    opportunities.
 
9    (410 ILCS 410/3.3 new)
10    Sec. 3.3. Administrative support. The Department of Public
11Health shall be responsible for providing the Dementia
12Coordinator with work space, supplies, and other
13administrative office materials, as needed, through existing
14resources and not with moneys from the Alzheimer's Disease
15Research, Care, and Support Fund.
 
16    (410 ILCS 410/4 rep.)
17    Section 25. The Alzheimer's Disease Research Act is amended
18by repealing Section 4.".