Full Text of HB2055 95th General Assembly
HB2055eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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, and 27 and by adding Sections | 9 |
| 2.1, 6.1, and 21.7 as follows:
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| (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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| Sec. 2. This Act is enacted to implement and establish | 12 |
| within the State
a lottery to be conducted
operated by the | 13 |
| State, whether that lottery is operated and managed by the | 14 |
| State or by a third party pursuant to a Management and | 15 |
| Concession Agreement. The operations of a lottery are unique | 16 |
| activities for State government, and private management will | 17 |
| best enable the lottery to be operated in an entrepreneurial | 18 |
| and business-like manner, thereby maximizing value for and | 19 |
| benefit to the citizens of the State. Any such private manager | 20 |
| shall be accountable to the State through a comprehensive | 21 |
| system of State regulation and enduring operational oversight. | 22 |
| The State's ongoing conduct of the Lottery throughout the term | 23 |
| of a Concession shall act to promote and ensure the integrity, |
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| security, honesty, and fairness of the Lottery's operation and | 2 |
| administration.
the entire net proceeds of which
are to be used | 3 |
| for the support of the State's Common School Fund,
except as | 4 |
| provided in Sections 21.2
and 21.5 and 21.6.
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| (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | 6 |
| revised 8-23-05.)
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| (20 ILCS 1605/2.1 new) | 8 |
| Sec. 2.1. Third-party management authorized. | 9 |
| Notwithstanding any provision of this Act or other applicable | 10 |
| law to the contrary, the State may, pursuant to a competitive | 11 |
| bidding process, enter into a Management and Concession | 12 |
| Agreement with a third party pursuant to which that party may | 13 |
| be authorized to manage or operate the Lottery, and further | 14 |
| pursuant to which that party may retain certain Lottery | 15 |
| revenues in consideration of the payment of a fee or fees to | 16 |
| the State for that right, provided that the Concession is | 17 |
| managed and operated in accordance with the provisions of this | 18 |
| Act and that the State at all times retains control of the | 19 |
| Lottery and exercises supervisory authority over the | 20 |
| Concession sufficient to implement the terms of the Management | 21 |
| and Concession Agreement and to effect the purposes of this | 22 |
| Act. The Lottery shall remain, for so long as a Concessionaire | 23 |
| manages and operates the Concession in accordance with | 24 |
| provisions of this Act, a Lottery conducted by the State. | 25 |
| The terms of a Management and Concession Agreement shall |
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| include, without limitation, all of the following:
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| (a) The length of term of the Concession shall not | 3 |
| exceed 75 years.
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| (b) The consideration paid to the State for a | 5 |
| Concessionaire's right to manage and operate the | 6 |
| Concession shall be not less than $10,000,000,000.
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| (b-5) A portion of the consideration paid to the State | 8 |
| shall be used, in combination with other revenue sources, | 9 |
| to replace funds that would have been transferred to the | 10 |
| Common School Fund pursuant to this Act prior to the | 11 |
| enactment of this amendatory Act of the 95th General | 12 |
| Assembly.
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| (c) At least 19% of the value of all contracts and | 14 |
| agreements entered into by the Concessionaire for goods and | 15 |
| services in connection with its management and operation of | 16 |
| the Lottery, other than contracts or agreements with sales | 17 |
| agents or technical operators, must be awarded to | 18 |
| businesses that are a "minority owned business" or a | 19 |
| "female owned business" as those terms are defined in the | 20 |
| Business Enterprise for Minorities, Females, and Persons | 21 |
| with Disabilities Act. For purposes of this item (c), all | 22 |
| contracts entered into by a technical operator shall be | 23 |
| deemed to be contracts entered by the Concessionaire. A | 24 |
| contract by which the Concessionaire retains a technical | 25 |
| operator shall be exempt from the requirements of this item | 26 |
| (c). For purposes of this item (c), a technical operator |
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| means an entity that, pursuant to the terms of this | 2 |
| amendatory Act of the 95th General Assembly and the | 3 |
| Concession Agreement, is substantially involved in the | 4 |
| day-to-day operations of the Lottery in a manner that | 5 |
| includes (i) the design and production of lottery games or | 6 |
| lottery game equipment, (ii) the provision and maintenance | 7 |
| of lottery equipment, (iii) the operation and monitoring of | 8 |
| lottery games or other regulated gaming activities, (iv) | 9 |
| the development and maintenance of a distribution network, | 10 |
| or (v) the verification of game outcomes, or an entity | 11 |
| responsible for other significant regulated gaming | 12 |
| activities.
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| All of the acts of officials authorized by the State that | 14 |
| are in conformity with the intent and purposes of this | 15 |
| amendatory Act of the 95th General Assembly, whether heretofore | 16 |
| or hereafter taken or done, shall be and are ratified, | 17 |
| confirmed, authorized, and approved hereby in all respects. To | 18 |
| the extent any provision of the Illinois Procurement Code (30 | 19 |
| ILCS 500/) is in conflict with this amendatory Act of the 95th | 20 |
| General Assembly insofar as it relates to any Transaction | 21 |
| Documents, the provisions of this amendatory Act shall be | 22 |
| controlling.
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| This amendatory Act of the 95th General Assembly shall be | 24 |
| construed liberally to effect the purposes of the Illinois | 25 |
| Lottery Law as amended by this amendatory Act and to provide | 26 |
| for the implementation and oversight of any Management and |
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| Concession Agreement that the State may enter into pursuant to | 2 |
| the terms of this amendatory Act.
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| If the State enters into a Management and Concession | 4 |
| Agreement pursuant to the terms of this Section, the State | 5 |
| shall retain as employees of the State any employees of the | 6 |
| Lottery who are employed by the Lottery as of the signing of | 7 |
| the Management and Concession Agreement.
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| (20 ILCS 1605/3) (from Ch. 120, par. 1153)
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| Sec. 3. Definitions.
For the purposes of this Act:
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| a. "Lottery" or "State Lottery" means the lottery or | 11 |
| lotteries
established and operated pursuant to this Act.
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| b. "Board" means the Lottery Control Board created by this | 13 |
| Act.
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| c. "Department" means the Department of Revenue.
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| d. "Director" means the Director of Revenue.
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| e. "Chairman" means the Chairman of the Lottery Control | 17 |
| Board.
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| f. "Multi-state game directors" means such persons, | 19 |
| including the
Superintendent, as may be designated by an
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| agreement between the Division and one or more additional
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| lotteries operated under the laws of another state or states.
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| g. "Division" means the Division of the State Lottery of | 23 |
| the Department of Revenue.
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| h. "Superintendent" means the Superintendent of the | 25 |
| Division of the State Lottery of the Department of Revenue.
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| i. "Concession" means the right of a Concessionaire to | 2 |
| manage or operate the Lottery pursuant to the terms of a | 3 |
| Management and Concession Agreement and this Act.
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| j. "Management and Concession Agreement" means that | 5 |
| agreement and all schedules, exhibits, and attachments | 6 |
| thereto, entered into pursuant to a competitive bidding process | 7 |
| and pursuant to which the State may grant a license or other | 8 |
| contractual right to manage or operate the Lottery to a | 9 |
| Concessionaire, and further pursuant to which a Concessionaire | 10 |
| may receive certain Lottery ticket or share sales and related | 11 |
| proceeds in consideration of the payment of a fee or fees to | 12 |
| the State.
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| k. "Concessionaire" means a third party that manages or | 14 |
| operates the Lottery pursuant to a Management and Concession | 15 |
| Agreement then in effect.
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| l. "Conducted by the State" means the management and | 17 |
| operation of the Lottery pursuant to the terms of this Act, | 18 |
| whether directly by the State or by a Concessionaire pursuant | 19 |
| to the terms of a Management and Concession Agreement as | 20 |
| provided for in this amendatory Act of the 95th General | 21 |
| Assembly. The Concessionaire shall at all times remain | 22 |
| accountable to the State and the people of the State through a | 23 |
| comprehensive system of State regulation and enduring | 24 |
| operational oversight, which shall include, without | 25 |
| limitation, the Concessionaire's regular provision and the | 26 |
| State's ongoing review and analysis of audits, reports, and |
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| financial disclosures as required by this amendatory Act of the | 2 |
| 95th General Assembly.
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| (Source: P.A. 94-776, eff. 5-19-06.)
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| (20 ILCS 1605/4) (from Ch. 120, par. 1154)
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| Sec. 4. Department established.
The Department of the | 6 |
| Lottery is
established to implement and regulate the State | 7 |
| Lottery in the manner
provided in this Act. | 8 |
| In accordance with Executive Order No. 9 (2003), the | 9 |
| Division of the State Lottery is established within the | 10 |
| Department of Revenue. Unless otherwise provided by law, the | 11 |
| Division of the State Lottery shall be subject to and governed | 12 |
| by all of the laws and rules applicable to the Department.
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| (Source: P.A. 94-776, eff. 5-19-06.)
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| (20 ILCS 1605/5) (from Ch. 120, par. 1155)
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| Sec. 5. Superintendent.
The Division shall be under
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| supervision and direction
of a Superintendent, who
shall be a | 17 |
| person qualified by
training and experience to perform the | 18 |
| duties required by this Act. The
Superintendent shall be | 19 |
| appointed by the Governor, by and with the advice
and consent | 20 |
| of the Senate. The term of office of the Superintendent shall
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| expire on the third Monday of January in odd numbered years | 22 |
| provided that
he or she shall hold office until a successor is | 23 |
| appointed and qualified.
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| Any vacancy occurring in the office of the Superintendent |
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| shall be
filled in the same manner as the original appointment.
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| The Superintendent shall devote his or her entire time and | 3 |
| attention to the
duties of the office and shall not be engaged | 4 |
| in any other profession or
occupation. The Superintendent shall | 5 |
| receive such salary as shall be provided by law.
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| (Source: P.A. 94-776, eff. 5-19-06.)
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| (20 ILCS 1605/6) (from Ch. 120, par. 1156)
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| Sec. 6. Lottery Control Board; creation; appointment; | 9 |
| chairman; terms; vacancies; removal; compensation; meetings; | 10 |
| quorum.
There is hereby created an independent board to be | 11 |
| known as the
Lottery Control Board, consisting of 5 members, | 12 |
| all of whom shall be
citizens of the United States and | 13 |
| residents of this State and shall be
appointed by the Governor | 14 |
| with the advice and consent of the Senate. No
more than 3 of | 15 |
| the 5 members shall be members of the same political
party. A | 16 |
| chairman of the Board shall be chosen annually from the
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| membership of the Board by a majority of the members of the | 18 |
| Board at the
first meeting of the Board each fiscal year.
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| Initial members shall be appointed to the Board by the | 20 |
| Governor as
follows: one member to serve until July 1, 1974, | 21 |
| and until his successor
is appointed and qualified; 2 members | 22 |
| to serve until July 1, 1975, and
until their successors are | 23 |
| appointed and qualified; 2 members to serve
until July 1, 1976, | 24 |
| and until their successors are appointed and
qualified. As | 25 |
| terms of members so appointed expire, their successors
shall be |
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| appointed for terms to expire the first day in July 3 years
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| thereafter, and until their successors are appointed and | 3 |
| qualified.
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| Any vacancy in the Board occurring for any reason other | 5 |
| than
expiration of term, shall be filled for the unexpired term | 6 |
| in the same
manner as the original appointment.
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| Any member of the Board may be removed by the Governor for | 8 |
| neglect of
duty, misfeasance, malfeasance, or nonfeasance in | 9 |
| office.
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| Board members shall receive as compensation for their | 11 |
| services $100
for each day they are in attendance at any | 12 |
| official board meeting, but in
no event shall members receive | 13 |
| more than $1,200 per year. They
shall receive no other | 14 |
| compensation for their services, but shall be
reimbursed for | 15 |
| necessary traveling and other reasonable expenses
incurred in | 16 |
| the performance of their official duties. Each member shall
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| make a full financial disclosure upon appointment.
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| The Board shall hold at least one meeting each quarter of | 19 |
| the fiscal
year. In addition,
special meetings may be called by | 20 |
| the Chairman, any 2 Board members, or
the Director of the | 21 |
| Department, upon delivery of 72 hours'
written notice to the | 22 |
| office of each member. All Board meetings shall be
open to the | 23 |
| public pursuant to the Open Meetings Act.
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| Three members of the Board shall constitute a quorum, and 3 | 25 |
| votes
shall be required for any final determination by the | 26 |
| Board. The Board
shall keep a complete and accurate record of |
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| all its meetings.
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| (Source: P.A. 84-1128.)
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| (20 ILCS 1605/6.1 new) | 4 |
| Sec. 6.1. Lottery Control Board's Authorization to | 5 |
| Implement the Act and Oversee Concession. The term of each | 6 |
| appointed member of the Board who is in office on May 31, 2007 | 7 |
| shall terminate at the close of business on that date or when | 8 |
| all of the new members to be initially appointed under this | 9 |
| amendatory Act of the 95th General Assembly have been appointed | 10 |
| by the Governor, whichever occurs later. | 11 |
| Beginning on June 1, 2007 or when all of the new members of | 12 |
| the Board to be initially appointed under this amendatory Act | 13 |
| of the 95th General Assembly have been appointed by the | 14 |
| Governor, whichever occurs later, the Board shall consist of 7 | 15 |
| members, all of whom shall be citizens of the United States and | 16 |
| residents of this State and shall be appointed by the Governor | 17 |
| with the advice and consent of the Senate. No more than 4 of | 18 |
| the 7 members shall be members of the same political party. A | 19 |
| chairman of the Board shall be chosen annually from the | 20 |
| membership of the Board by a majority of the members of the | 21 |
| Board at the first meeting of the Board each fiscal year.
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| Members shall be appointed to the Board by the Governor as | 23 |
| follows: 2 members to serve until July 1, 2009, and until their | 24 |
| successors are appointed and qualified; 2 members to serve | 25 |
| until July 1, 2010, and until their successors are appointed |
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| and qualified; 3 members to serve until July 1, 2011, and until | 2 |
| their successors are appointed and qualified. As terms of | 3 |
| members so appointed expire, their successors shall be | 4 |
| appointed for terms to expire the first day in July 3 years | 5 |
| thereafter, and until their successors are appointed and | 6 |
| qualified. Members of the Board serving prior to the effective | 7 |
| date of this amendatory Act of the 95th General Assembly shall | 8 |
| be discharged of their duties and replaced by members appointed | 9 |
| pursuant to this Section in the sequence in which those prior | 10 |
| serving members were appointed.
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| Any vacancy in the Board occurring for any reason other | 12 |
| than expiration of term shall be filled for the unexpired term | 13 |
| in the same manner as the original appointment.
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| Any member of the Board may be removed by the Governor for | 15 |
| neglect of duty, misfeasance, malfeasance, or nonfeasance in | 16 |
| office.
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| Board members shall receive as compensation for their | 18 |
| services $250 for each day they are in attendance at any | 19 |
| official board meeting, but in no event shall members receive | 20 |
| more than $3,000 per year. They shall receive no other | 21 |
| compensation for their services, but shall be reimbursed for | 22 |
| necessary traveling and other reasonable expenses incurred in | 23 |
| the performance of their official duties. All such compensation | 24 |
| and reimbursement shall be paid from proceeds of the | 25 |
| Concession.
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| The Board shall hold at least one meeting each quarter of |
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| the fiscal year. In addition, special meetings may be called by | 2 |
| the chairman, any 4 Board members, or the Director of the | 3 |
| Department, upon delivery of 72 hours' written notice to each | 4 |
| member. All Board meetings shall be open to the public pursuant | 5 |
| to the Open Meetings Act.
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| Four members of the Board shall constitute a quorum, and 4 | 7 |
| votes shall be required for any final determination by the | 8 |
| Board. The Board shall keep a complete and accurate record of | 9 |
| all its meetings.
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| The Board shall have general responsibility for the | 11 |
| implementation of this Act and the oversight and implementation | 12 |
| of any Management and Concession Agreement. The Board shall | 13 |
| have jurisdiction and oversight over all Lottery and Concession | 14 |
| operations governed by this Act and shall have all powers | 15 |
| necessary and proper to fully and effectively execute the | 16 |
| provisions of this Act. Its duties include, without limitation, | 17 |
| the following:
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| (1) to conduct all hearings pertaining to rules and | 19 |
| regulations promulgated under this Act;
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| (2) to promulgate such rules and regulations as in its | 21 |
| judgment may be necessary to protect or enhance the | 22 |
| credibility and integrity of the Lottery and enforce the | 23 |
| provisions of the Management and Concession Agreement | 24 |
| authorized by this Act and the regulatory process under | 25 |
| this Act;
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| (3) to be present through its inspectors and agents any |
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| time Lottery operations are conducted pursuant to this Act | 2 |
| or the Management and Concession Agreement for the purpose | 3 |
| of determining compliance therewith, receiving complaints | 4 |
| from the public, and conducting such other investigations | 5 |
| into the conduct of Lottery games and operations and the | 6 |
| maintenance of all Lottery equipment as from time to time | 7 |
| the Board may deem necessary and proper;
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| (4) to implement and administer the Concession and | 9 |
| Management Agreement, including, without limitation, the | 10 |
| supervision and administration of the operation of the | 11 |
| Lottery in accordance with this Act, the rules and | 12 |
| regulations of the Board adopted hereunder, and the terms | 13 |
| of the Management and Concession Agreement;
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| (5) to investigate parties providing Concession and | 15 |
| Lottery-related services;
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| (6) to have jurisdiction and supervision over all | 17 |
| Lottery and Concession operations;
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| (7) to promulgate rules and regulations for the purpose | 19 |
| of administering the provisions of this Act and the | 20 |
| Management and Concession Agreement and to prescribe | 21 |
| rules, regulations, and conditions under which the Lottery | 22 |
| shall be conducted; those rules and regulations are to | 23 |
| provide for the prevention of practices detrimental to the | 24 |
| public interest and for the best interests of citizens of | 25 |
| the State, including rules and regulations regarding | 26 |
| inspection;
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| (8) to enter the office, facilities, or other places of | 2 |
| business of a Concessionaire, where evidence of the | 3 |
| compliance or noncompliance with the provisions of this Act | 4 |
| or the Management and Concession Agreement is likely to be | 5 |
| found;
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| (9) to investigate alleged violations of this Act or | 7 |
| the rules of the Board and to take appropriate disciplinary | 8 |
| action against a Concessionaire and its contractors and | 9 |
| licensees for a violation, or institute appropriate legal | 10 |
| action for enforcement, or both;
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| (10) to ensure that any Concessionaire maintains | 12 |
| appropriate standards for Lottery ticket vendors;
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| (11) to require that records, including financial or | 14 |
| other statements of any Concessionaire, manager, or | 15 |
| operator under this Act, shall be kept in such manner as | 16 |
| prescribed by the Board and that any such Concessionaire, | 17 |
| manager, or operator regularly submit to the Board a | 18 |
| balance sheet and profit and loss statement, list of the | 19 |
| stockholders or other persons having a beneficial interest | 20 |
| in such amounts as may be determined by the Board, and any | 21 |
| other information the Board deems necessary in order to | 22 |
| effectively administer this Act and all rules, | 23 |
| regulations, orders, and final decisions promulgated under | 24 |
| this Act;
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| (12) to conduct hearings, issue subpoenas for the | 26 |
| attendance of witnesses and subpoenas duces tecum for the |
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| production of books, records, and other pertinent | 2 |
| documents in accordance with the Illinois Administrative | 3 |
| Procedure Act, and to administer oaths and affirmations to | 4 |
| the witnesses, when, in the judgment of the Board, it is | 5 |
| necessary to administer or enforce this Act or the Board | 6 |
| rules;
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| (13) to hire employees to gather information, conduct | 8 |
| investigations, and carry out any other tasks contemplated | 9 |
| under this Act;
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| (14) to delegate the execution of any of its powers | 11 |
| under this Act for the purpose of administering and | 12 |
| enforcing this Act and its rules and regulations; and
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| (15) to take any other action as may be reasonable or | 14 |
| appropriate to enforce this Act and its rules and | 15 |
| regulations.
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| The Board may seek and shall receive the cooperation of the | 17 |
| Department of State Police in conducting background | 18 |
| investigations of parties and in fulfilling its | 19 |
| responsibilities under this Section. Costs incurred by the | 20 |
| Department of State Police as a result of that cooperation | 21 |
| shall be paid by the Board in conformance with the requirements | 22 |
| of Section 2605-400 of the Department of State Police Law.
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| In the event that the State shall enter into a Management | 24 |
| and Concession Agreement, the Board may instruct the | 25 |
| Superintendent, on behalf of the Concessionaire, to enter into | 26 |
| an agreement or agreements with the management of state |
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| lotteries operated pursuant to the laws of other states for the | 2 |
| purpose of creating and operating a multi-state lottery game | 3 |
| wherein a separate and distinct prize pool would be combined to | 4 |
| award larger prizes to the public than could be offered by the | 5 |
| several state lotteries individually. In the event that the | 6 |
| State shall enter into a Management and Concession Agreement, | 7 |
| no tickets or shares offered in connection with a multi-state | 8 |
| lottery game shall be sold within the State, except those | 9 |
| offered by the Concessionaire pursuant to the terms of the | 10 |
| Management and Concession Agreement and this amendatory Act of | 11 |
| the 95th General Assembly. No such agreement shall purport to | 12 |
| pledge the full faith and credit of the State of Illinois. No | 13 |
| multi-state game prize awarded to a nonresident of Illinois, | 14 |
| with respect to a ticket or share purchased in a state other | 15 |
| than the State of Illinois, shall be deemed to be a prize | 16 |
| awarded under this Act for the purpose of taxation under the | 17 |
| Illinois Income Tax Act.
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| (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
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| Sec. 7.1. Rules and regulations.
The Department may
shall
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| promulgate such rules and
regulations governing the | 21 |
| establishment
and operation of a State lottery as it deems | 22 |
| necessary to carry out the
purposes of this Act. Such rules and | 23 |
| regulations shall be subject to the
provisions of The Illinois | 24 |
| Administrative Procedure Act. If the State enters into a | 25 |
| Management and Concession Agreement pursuant to which a |
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| Concessionaire is authorized to manage or operate the Lottery, | 2 |
| the Board shall assume the Department's authorities and | 3 |
| discharge the Department's duties under this Section and | 4 |
| Section 7.2 of this Act. The Division may
shall issue written | 5 |
| game rules, play instructions, directives, operations manuals, | 6 |
| brochures, or any other publications necessary to conduct | 7 |
| specific games, as authorized by rule by the Department.
Any | 8 |
| written game rules, play instructions, directives, operations | 9 |
| manuals,
brochures, or other game publications issued by the | 10 |
| Division that relate
to a specific lottery game shall be | 11 |
| maintained as a public record in the
Division's principal | 12 |
| office, and made available for public inspection and
copying | 13 |
| but shall be exempt from the rulemaking procedures of the | 14 |
| Illinois
Administrative Procedure Act. However, when such | 15 |
| written materials contain
any policy of general applicability, | 16 |
| the Division shall formulate and
adopt such policy as a rule in | 17 |
| accordance with the provisions of the
Illinois Administrative | 18 |
| Procedure Act. In addition, the Division shall
publish each | 19 |
| January in the Illinois Register a list of all game-specific
| 20 |
| rules, play instructions, directives, operations manuals, | 21 |
| brochures, or
other game-specific publications issued by the | 22 |
| Division during the
previous year , if any, and instructions | 23 |
| concerning how the public may obtain copies
of these materials | 24 |
| from the Division. In the event that the State enters into a | 25 |
| Management and Concession Agreement, this Section 7.1 shall not | 26 |
| apply and the Concessionaire shall be permitted to offer game |
|
|
|
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|
| 1 |
| specific material in accordance with the provisions of this | 2 |
| Act, the rules and regulations of the Board adopted hereunder, | 3 |
| and the terms of the Management and Concession Agreement.
| 4 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 5 |
| (20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
| 6 |
| Sec. 7.2. Matters included in rules and regulations.
The | 7 |
| rules and regulations of the Department or, if the State enters | 8 |
| into a Management and Concession Agreement pursuant to which a | 9 |
| Concessionaire is authorized to manage or operate the lottery, | 10 |
| the Board may include, but
shall not be limited to, the | 11 |
| following:
| 12 |
| (1) The types of lotteries to be conducted . ;
| 13 |
| (2) The price, or prices, of tickets or shares in the | 14 |
| lottery . ;
| 15 |
| (3) The numbers and sizes of the prizes on the winning | 16 |
| tickets or
shares . ;
| 17 |
| (4) The manner of selecting the winning tickets or shares . ;
| 18 |
| (5) The manner of payment of prizes to the holders of | 19 |
| winning
tickets or shares . ;
| 20 |
| (6) The frequency of the drawing or selections of winning | 21 |
| tickets or
shares, without limitation . ;
| 22 |
| (7) Without limit to number, the type or types of locations | 23 |
| at which
tickets or shares may be sold . ;
| 24 |
| (8) The method to be used in selling tickets or shares . ;
| 25 |
| (9) The manner and amount of compensation, if any, to be |
|
|
|
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|
| 1 |
| paid
licensed sales agents necessary to provide for the | 2 |
| adequate availability
of tickets or shares to prospective | 3 |
| buyers and for the convenience of
the public . ;
| 4 |
| (10) (Blank).
The apportionment of the total revenues | 5 |
| accruing from the sale
of lottery tickets or shares and from | 6 |
| all other sources among (i) the
payment of prizes to the | 7 |
| holders of winning tickets or shares, (ii) the
payment of costs | 8 |
| incurred in the operation and administration of the
lottery, | 9 |
| including the expenses of the Department and the costs | 10 |
| resulting
from any contract or contracts entered into for | 11 |
| promotional, advertising
or operational services or for the | 12 |
| purchase or lease of lottery
equipment and materials, and (iii) | 13 |
| for monthly transfers to the Common
School Fund. The net | 14 |
| revenues accruing from the sale of lottery tickets
shall be | 15 |
| determined by deducting from total revenues the payments | 16 |
| required
by paragraphs (i) and (ii) of this
subsection.
| 17 |
| (11) Such other matters necessary or desirable for the | 18 |
| efficient and
economical operation and administration of the | 19 |
| lottery or for the implementation and oversight of any | 20 |
| Management and Concession Agreement pursuant to which a | 21 |
| Concessionaire is authorized to manage or operate the Lottery
| 22 |
| and for the
convenience of the purchasers of tickets or shares | 23 |
| and the holders of
winning tickets or shares.
| 24 |
| Any rules and regulations of the Department with respect to
| 25 |
| monthly transfers
to the Common School Fund are subject to | 26 |
| Section 21.2.
|
|
|
|
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|
| 1 |
| (Source: P.A. 84-1128.)
| 2 |
| (20 ILCS 1605/7.3) (from Ch. 120, par. 1157.3)
| 3 |
| Sec. 7.3. Hearings on violations; other hearings.
The Board | 4 |
| shall designate Hearing Officers who shall conduct
hearings | 5 |
| upon complaints charging violations of this Act or of | 6 |
| regulations
thereunder, and such other hearings as may be | 7 |
| provided by Department rule.
The Board may hear appeals from | 8 |
| the recommended decisions of its
Hearing Officers in accordance | 9 |
| with procedures established
by Department rule.
Whenever the | 10 |
| Department issues a Notice of Assessment under Section 21 of
| 11 |
| this Act, the lottery sales agent may protest such Notice by | 12 |
| filing a
request for hearing within 20 days of the date of such | 13 |
| Notice.
| 14 |
| (Source: P.A. 85-1224; 86-1475.)
| 15 |
| (20 ILCS 1605/7.4) (from Ch. 120, par. 1157.4)
| 16 |
| Sec. 7.4. Studies and investigations of lottery.
The | 17 |
| Department or, if the State enters into a Management and | 18 |
| Concession Agreement pursuant to which a Concessionaire is | 19 |
| authorized to manage or operate the Lottery, the Board shall | 20 |
| carry on a continuous study and
investigation of the lottery
| 21 |
| throughout the State (1) for the purpose of ascertaining any | 22 |
| defects in
this Act or in the rules and regulations issued | 23 |
| under this Act whereby any
abuses in the administration and | 24 |
| operation of the lottery or any evasion of
this Act or the |
|
|
|
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|
| 1 |
| rules and regulations may arise or be practiced, (2) for
the | 2 |
| purpose of formulating recommendations for changes in this Act | 3 |
| and the
rules and regulations promulgated hereunder to prevent | 4 |
| such abuses and
evasions, (3) to guard against the use of this | 5 |
| Act and the rules and
regulations issued hereunder as a cloak | 6 |
| for the carrying on of organized
gambling and crime, and (4) to | 7 |
| insure that the law and rules and
regulations shall be in such | 8 |
| form and be so administered as to serve the
true purposes of | 9 |
| this Act.
| 10 |
| (Source: P.A. 84-1128.)
| 11 |
| (20 ILCS 1605/7.5) (from Ch. 120, par. 1157.5)
| 12 |
| Sec. 7.5. Reports on matters requiring changes in law.
The | 13 |
| Board shall report to the Governor, the
Attorney General, the | 14 |
| Speaker
of the House, the President of the Senate, the minority | 15 |
| leaders of both
houses, and such other State officers as from | 16 |
| time to time it deems
appropriate, any matters which it deems | 17 |
| to require an immediate change in
the laws of this State in | 18 |
| order to prevent abuses and evasions of this Act
or rules and | 19 |
| regulations promulgated thereunder or to rectify undesirable
| 20 |
| conditions in connection with the administration or operation | 21 |
| of the
lottery.
| 22 |
| (Source: P.A. 84-1128.)
| 23 |
| (20 ILCS 1605/7.6) (from Ch. 120, par. 1157.6)
| 24 |
| Sec. 7.6. Recommendations.
The Board shall advise and make |
|
|
|
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|
| 1 |
| recommendations to the
Superintendent or the Director | 2 |
| regarding the functions and operations of the State Lottery. A | 3 |
| copy of all
such recommendations shall also be forwarded to the | 4 |
| Governor, the Attorney
General, the Speaker of the House, the | 5 |
| President of the Senate and the
minority leaders of both | 6 |
| houses.
| 7 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 8 |
| (20 ILCS 1605/7.8) (from Ch. 120, par. 1157.8)
| 9 |
| Sec. 7.8. Annual report; report as public report.
The | 10 |
| Department , or, if the State enters into a Management and | 11 |
| Concession Agreement pursuant to which a Concessionaire is | 12 |
| authorized to manage or operate the Lottery, the Board shall | 13 |
| make an annual report regarding the work
of the Board to the
| 14 |
| Governor, the Speaker of the House, the President of the | 15 |
| Senate, and the
minority leaders of both houses, such report to | 16 |
| be a public report.
| 17 |
| (Source: P.A. 84-1128.)
| 18 |
| (20 ILCS 1605/7.8a) (from Ch. 120, par. 1157.8a)
| 19 |
| Sec. 7.8a. Advertising policy.
The Board shall establish | 20 |
| advertising policy to ensure that
advertising content and | 21 |
| practices do not target with the intent to exploit specific | 22 |
| groups
or economic classes of people, and that its content is | 23 |
| accurate and not
misleading. The Board shall review, at least | 24 |
| quarterly, all past
advertising and proposed concepts for major |
|
|
|
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|
| 1 |
| media campaigns to ensure that
they do not target with the | 2 |
| intent to exploit specific groups or economic classes of
| 3 |
| people, and that their content is accurate and not misleading. | 4 |
| If the Board
finds that advertising conflicts with such policy, | 5 |
| it shall have the
authority to direct the Department to cease | 6 |
| that advertising. If the State enters into a Management and | 7 |
| Concession Agreement pursuant to which a Concessionaire is | 8 |
| authorized to manage or operate the Lottery and the | 9 |
| Concessionaire has the right to undertake marketing and | 10 |
| advertising activities, the Concessionaire shall submit, for | 11 |
| the Board's review of content and determination of compliance | 12 |
| with this Section, all marketing and advertising materials | 13 |
| pursuant to such rules and policies as the Board may promulgate | 14 |
| from time to time. If the Board finds that action proposed or | 15 |
| taken by the Concessionaire conflicts with those rules or | 16 |
| policies, the Board shall have the authority to direct the | 17 |
| Concessionaire to cease or refrain from taking that action.
| 18 |
| (Source: P.A. 85-183.)
| 19 |
| (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
| 20 |
| Sec. 7.11. (Repealed.)
The Division may establish and | 21 |
| collect nominal charges
for promotional products ("premiums") | 22 |
| and other promotional materials
produced or acquired by the | 23 |
| Division as part of its advertising and
promotion activities. | 24 |
| Such premiums or other promotional materials may be
sold to | 25 |
| individuals, government agencies and not-for-profit |
|
|
|
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|
| 1 |
| organizations,
but not to for-profit enterprises for the | 2 |
| purpose of resale. Other State
agencies shall be charged no | 3 |
| more than the cost to the Division of the
premium or | 4 |
| promotional material. All proceeds from the sale of premiums or
| 5 |
| promotional materials shall be deposited in the State Lottery | 6 |
| Fund in the
State Treasury.
| 7 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 8 |
| (20 ILCS 1605/8) (from Ch. 120, par. 1158)
| 9 |
| Sec. 8. Compelling appearance of witnesses and production | 10 |
| of documents; oaths and affirmations; dispositions.
In | 11 |
| connection with any hearing held pursuant to Section 6.1 or
7.3 | 12 |
| of this Act, the Board, or any Hearing Officer appointed by the
| 13 |
| Board, may subpoena and compel the appearance of witnesses and
| 14 |
| production of documents, papers, books, records and other | 15 |
| evidence before
it in any matter over which it has | 16 |
| jurisdiction, control or supervision.
The Board, or any | 17 |
| appointed Hearing Officer, shall have the
power to administer
| 18 |
| oaths and affirmations to persons
whose testimony is required. | 19 |
| If a person subpoenaed to attend in any such
proceeding or | 20 |
| hearing fails to obey the command of the subpoena without
| 21 |
| reasonable cause, or if a person in attendance in any such | 22 |
| proceeding or
hearing refuses, without lawful cause, to be | 23 |
| examined or to answer a legal
or pertinent question or to | 24 |
| exhibit any books, account, record or other
document when | 25 |
| ordered so to do by the Board or its Hearing Officer, the
Board |
|
|
|
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|
| 1 |
| or Hearing Officer may apply to the
circuit court, upon proof | 2 |
| by affidavit of the facts, for an
order returnable in not less | 3 |
| than 2 nor more than 10 days, or as the court
may prescribe, | 4 |
| directing such person to show cause before the court why
he or | 5 |
| she should not comply with such subpoena or such order.
| 6 |
| Upon return of the order, the court shall examine such | 7 |
| person under oath,
and if the court
determines, after giving | 8 |
| such person an opportunity to be heard, that he
or she refused | 9 |
| without legal excuse to comply with such subpoena or such order | 10 |
| of
the Board or Hearing Officer, the court may order such | 11 |
| person to comply
therewith immediately
and any failure to obey | 12 |
| the order of the court may be punished as a
contempt of court.
| 13 |
| All subpoenas and subpoenas duces tecum issued under the | 14 |
| provisions of
this Act may be served by any person of lawful | 15 |
| age. The fees of witnesses
for attendance and travel shall be | 16 |
| the same as the fees of witnesses before
the circuit courts of | 17 |
| this State. When the witness is subpoenaed at the
instance of | 18 |
| the Department or any officer or employee thereof, such fees
| 19 |
| shall be paid in the same manner as other expenses of the | 20 |
| Department. When
the witness is subpoenaed at the
instance of | 21 |
| any other party to any such proceeding, the Department may
| 22 |
| require that the cost of service of the subpoena or subpoena | 23 |
| duces tecum and the fee of
the witness be borne by the party at | 24 |
| whose instance the witness is summoned.
In such case, and on | 25 |
| motion of the Department, the Board or its Hearing
Officer may | 26 |
| require a deposit to cover the cost of such service and witness |
|
|
|
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|
| 1 |
| fees.
| 2 |
| The Department, or any officer or employee thereof, or any | 3 |
| other party to
a hearing before the Board or its Hearing | 4 |
| Officers, may cause the
depositions of witnesses within the | 5 |
| State to be taken in the manner
prescribed by law for like | 6 |
| depositions in civil actions in courts of this
State, and to | 7 |
| that end compel the attendance of witnesses and the
production | 8 |
| of books, papers, records or memoranda.
| 9 |
| (Source: P.A. 85-1224.)
| 10 |
| (20 ILCS 1605/8.1) (from Ch. 120, par. 1158.1)
| 11 |
| Sec. 8.1. Contracts; competitive negotiation.
Contracts | 12 |
| for State Lottery tickets or shares or for other
State Lottery | 13 |
| game related
services shall be
obtained through the
utilization | 14 |
| of competitive negotiation procedures whenever practicable.
| 15 |
| (Source: P.A. 84-268.)
| 16 |
| (20 ILCS 1605/9) (from Ch. 120, par. 1159)
| 17 |
| Sec. 9. Duties of Superintendent.
The Superintendent, as | 18 |
| administrative head of
the Division, shall direct and supervise | 19 |
| all its administrative and
technical activities and shall | 20 |
| report to the Director. In addition to the duties imposed upon | 21 |
| him
elsewhere in this Act, it
shall be the Superintendent's | 22 |
| duty:
| 23 |
| a. To supervise and administer the operation of the lottery | 24 |
| in
accordance with the provisions of this Act or such
rules and |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| regulations of the Department
adopted thereunder.
| 2 |
| b. To attend meetings of the Board or to appoint a designee | 3 |
| to
attend in his stead.
| 4 |
| c. To employ and direct such personnel in accord with the | 5 |
| Personnel Code,
as may be necessary to carry out the purposes | 6 |
| of this Act. The Superintendent may, subject to the approval of | 7 |
| the Director, use the services, personnel, or facilities of the | 8 |
| Department.
In addition, the Superintendent
may by agreement | 9 |
| secure such services as he or she may deem necessary
from any | 10 |
| other department, agency, or unit of the State government, and
| 11 |
| may employ and compensate such consultants and technical | 12 |
| assistants as may
be required and is otherwise permitted by | 13 |
| law.
| 14 |
| d. To license, in accordance with the provisions of | 15 |
| Sections 10 and 10.1
of this Act and the rules and regulations | 16 |
| of the Department
adopted thereunder, or to ensure the | 17 |
| retention, pursuant to the terms of a Management and Concession | 18 |
| Agreement,
as agents to sell lottery tickets such persons as in | 19 |
| his opinion will best
serve the public convenience and promote | 20 |
| the sale of tickets or shares.
The Superintendent may require a | 21 |
| bond from every licensed agent, in such
amount as provided in | 22 |
| the rules and regulations of the Department. Every licensed
| 23 |
| agent shall prominently display his license, or a copy thereof, | 24 |
| as provided
in the rules and regulations of the Department.
| 25 |
| e. To suspend or revoke any license issued pursuant to this | 26 |
| Act or the
rules and regulations promulgated by the Department |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| thereunder.
| 2 |
| f. To confer regularly as necessary or desirable and not
| 3 |
| less than once
every month with the Lottery Control Board on | 4 |
| the operation and administration
of the Lottery; to make | 5 |
| available for inspection by the Board or any member
of the | 6 |
| Board, upon request, all books, records, files, and other | 7 |
| information
and documents of his office; to advise the Board | 8 |
| and recommend such rules
and regulations and such other matters | 9 |
| as he deems necessary and advisable
to improve the operation | 10 |
| and administration of the lottery or the implementation and | 11 |
| oversight of a Management and Concession Agreement .
| 12 |
| g. To enter into contracts for the operation of the | 13 |
| lottery, or any part
thereof, and into contracts for the | 14 |
| promotion of the lottery on behalf of
the Department with any | 15 |
| person, firm or corporation, to perform any of the
functions | 16 |
| provided for in this Act or the rules and regulations | 17 |
| promulgated
thereunder. The Department shall not expend State | 18 |
| funds on a contractual
basis for such functions unless those | 19 |
| functions and expenditures are expressly
authorized by the | 20 |
| General Assembly.
| 21 |
| h. To enter into a Management and Concession Agreement that | 22 |
| authorizes a Concessionaire to enter into an agreement or | 23 |
| agreements with the management of state
lotteries operated | 24 |
| pursuant to the laws of other states for the purpose of
| 25 |
| creating and operating a multi-state lottery game wherein a | 26 |
| separate and
distinct prize pool would be combined to award |
|
|
|
HB2055 Engrossed |
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|
| 1 |
| larger prizes to the public
than could be offered by the | 2 |
| several state lotteries, individually 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 |
| to authorize the Concessionaire to take such action . No
tickets | 6 |
| or shares offered in connection with a multi-state lottery game
| 7 |
| shall be sold within the State of Illinois, except those | 8 |
| offered by and
through the Department or, if the State enters | 9 |
| into a Management and Concession Agreement pursuant to which a | 10 |
| Concessionaire is authorized to manage or operate the Lottery, | 11 |
| by the Concessionaire pursuant to the terms of the Management | 12 |
| and Concession Agreement and this amendatory Act of the 95th | 13 |
| General Assembly . No such agreement shall purport to pledge the | 14 |
| full
faith and credit of the State of Illinois, nor shall the | 15 |
| Department expend
State funds on a contractual basis in | 16 |
| connection with any such game unless
such expenditures are | 17 |
| expressly authorized by the General Assembly,
provided, | 18 |
| however, that in the event of error or omission by the Illinois
| 19 |
| State Lottery in the conduct of the game, as determined by the | 20 |
| multi-state
game directors , except as may be and to the extent | 21 |
| modified by the terms of a Management and Concession Agreement , | 22 |
| the Department shall be authorized to pay a prize winner or
| 23 |
| winners the lesser of a disputed prize or $1,000,000, any such | 24 |
| payment to
be made solely from funds appropriated for game | 25 |
| prize purposes. Except as may be and to the extent modified by | 26 |
| the terms of a Management and Concession Agreement, the
The
|
|
|
|
HB2055 Engrossed |
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|
| 1 |
| Department shall be authorized to share in the ordinary | 2 |
| operating expenses
of any such multi-state lottery game, from | 3 |
| funds appropriated by the General Assembly,
and in the event | 4 |
| the multi-state game control offices are physically
located | 5 |
| within the State of Illinois, the Department is authorized to
| 6 |
| advance start-up operating costs not to exceed $150,000, | 7 |
| subject to
proportionate reimbursement of such costs by the | 8 |
| other participating state
lotteries. The Department shall be | 9 |
| authorized to share proportionately in
the costs of | 10 |
| establishing a liability reserve fund from funds appropriated
| 11 |
| by the General Assembly. The Department is authorized to | 12 |
| transfer prize
award funds attributable to Illinois sales of | 13 |
| multi-state lottery game tickets to
the multi-state control | 14 |
| office, or its designated depository, for deposit
to such game | 15 |
| pool account or accounts as may be established by the
| 16 |
| multi-state game directors, the records of which account or | 17 |
| accounts shall
be available at all times for inspection in an | 18 |
| audit by the Auditor General
of Illinois and any other auditors | 19 |
| pursuant to the laws of the State of
Illinois.
No multi-state | 20 |
| game prize awarded to a nonresident of Illinois, with
respect | 21 |
| to a ticket or share purchased in a state other than the State | 22 |
| of
Illinois, shall be deemed to be a prize awarded under this | 23 |
| Act for the
purpose of taxation under the Illinois Income Tax | 24 |
| Act.
All of the net revenues accruing from the sale of | 25 |
| multi-state lottery
tickets or shares shall be transferred into | 26 |
| the Common School Fund pursuant
to Section 7.2.
The Department |
|
|
|
HB2055 Engrossed |
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|
| 1 |
| shall promulgate such rules as may be appropriate to
implement | 2 |
| the provisions of this Section.
| 3 |
| i. To make a continuous study and investigation of (1) the | 4 |
| operation and
the administration of similar laws which may be | 5 |
| in effect in other states
or countries, (2) any literature on | 6 |
| the subject which from time to time
may be published or | 7 |
| available, (3) any Federal laws which may affect the
operation | 8 |
| of the
lottery, and (4) the reaction of Illinois citizens to | 9 |
| existing and potential
features of the lottery with a view to | 10 |
| recommending or effecting changes
that will tend to serve the | 11 |
| purposes of this Act.
| 12 |
| j. To report monthly to the State Treasurer and the Lottery | 13 |
| Control Board
a full and complete statement of lottery | 14 |
| revenues , prize disbursements and
other expenses for each | 15 |
| quarter
month and the amounts to be transferred to the Common
| 16 |
| School Fund pursuant to Section 7.2 or such other funds as are | 17 |
| otherwise
authorized by Section 21.2 of this Act, and to
make | 18 |
| an annual report, which shall include a full and complete | 19 |
| statement
of lottery or concession revenues , prize | 20 |
| disbursements and other expenses, to the Governor
and the | 21 |
| Board. All reports required by this subsection shall be public
| 22 |
| and copies of all
such reports shall be sent to the Speaker of | 23 |
| the House, the President of
the Senate, and the minority | 24 |
| leaders of both houses.
| 25 |
| k. In the event that the State shall enter into a | 26 |
| Management and Concession Agreement, it shall be the duty of |
|
|
|
HB2055 Engrossed |
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|
| 1 |
| the Superintendent, together with the Board, to supervise and | 2 |
| administer the operations of the lottery in accordance with the | 3 |
| provisions of this Act, the rules and regulations of the Board | 4 |
| adopted hereunder, and the terms of the Management and | 5 |
| Concession Agreement.
| 6 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 7 |
| (20 ILCS 1605/10) (from Ch. 120, par. 1160)
| 8 |
| Sec. 10. Licensing of agents to sell lottery tickets or | 9 |
| shares.
The Division, upon application therefor on forms | 10 |
| prescribed
by the Division, and upon a determination by the | 11 |
| Division that the
applicant meets all of the qualifications | 12 |
| specified in this Act, shall
issue a license as an agent to | 13 |
| sell lottery tickets or shares. No license
as an agent to sell | 14 |
| lottery tickets or shares shall be issued to any person
to | 15 |
| engage in business exclusively as a lottery sales agent.
| 16 |
| Before issuing such license the Superintendent shall | 17 |
| consider (a) the financial
responsibility and security of the | 18 |
| person and his business or activity, (b)
the accessibility of | 19 |
| his place of business or activity to the public, (c)
the | 20 |
| sufficiency of existing licenses to serve the public | 21 |
| convenience, (d)
the volume of expected sales, and (e) such | 22 |
| other factors as he or she may
deem appropriate.
| 23 |
| Until September 1, 1987, the provisions of Sections 2a, 4, | 24 |
| 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, | 25 |
| 10, 12 and 13.5
of the Retailers' Occupation Tax Act which are |
|
|
|
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LRB095 01509 AMC 21511 b |
|
| 1 |
| not inconsistent
with this Act shall apply to the subject | 2 |
| matter of this Act to the same
extent as if such provisions | 3 |
| were included in this Act. For purposes of
this Act, references | 4 |
| in such incorporated Sections of the Retailers'
Occupation Tax | 5 |
| Act to retailers, sellers or persons engaged in the business
of | 6 |
| selling tangible personal property mean persons engaged in | 7 |
| selling
lottery tickets or shares; references in such | 8 |
| incorporated Sections to
sales of tangible personal property | 9 |
| mean the selling of lottery tickets or
shares; and references | 10 |
| in such incorporated Sections to
certificates of registration | 11 |
| mean licenses issued under this Act. The
provisions of the | 12 |
| Retailers' Occupation Tax Act as heretofore applied to
the | 13 |
| subject matter of this Act shall not apply with respect to | 14 |
| tickets sold
by or delivered to lottery sales agents on and | 15 |
| after September 1, 1987, but
such provisions shall continue to | 16 |
| apply with respect to transactions
involving the sale and | 17 |
| delivery of tickets prior to September 1, 1987.
| 18 |
| All licenses issued by the Division under this Act shall be | 19 |
| valid
for a period not to exceed 2 years after issuance unless | 20 |
| sooner
revoked, canceled or suspended as in this Act provided. | 21 |
| No license issued
under this Act shall be transferable or | 22 |
| assignable. Such license shall be
conspicuously displayed in | 23 |
| the place of business conducted by the licensee
in Illinois | 24 |
| where lottery tickets or shares are to be sold under such | 25 |
| license.
| 26 |
| For purposes of this Section, the term "person" shall be |
|
|
|
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|
| 1 |
| construed to
mean and include an individual, association, | 2 |
| partnership, corporation,
club, trust, estate, society, | 3 |
| company, joint stock company, receiver,
trustee, referee, any | 4 |
| other person acting in a fiduciary or representative
capacity | 5 |
| who is appointed by a court, or any combination of individuals.
| 6 |
| "Person" includes any department, commission, agency or
| 7 |
| instrumentality of the State, including any county, city, | 8 |
| village, or
township and any agency or instrumentality thereof.
| 9 |
| If the State enters into a Management and Concession | 10 |
| Agreement pursuant to which the State authorizes a | 11 |
| Concessionaire to retain agents to distribute lottery tickets, | 12 |
| the Division shall cease issuing licenses to agents to sell | 13 |
| lottery tickets or shares during the term of the Management and | 14 |
| Concession Agreement. In retaining such agents, the | 15 |
| Concessionaire shall apply appropriate criteria in determining | 16 |
| suitability of those agents, including without limitation, | 17 |
| criteria establishing the ineligibility for a license as set | 18 |
| forth in Section 10.1 of this Act. Further, the Concessionaire | 19 |
| shall provide to the Department, not less than monthly, a list | 20 |
| of all agents the Concessionaire has engaged to distribute | 21 |
| lottery tickets or shares, which statement shall include a | 22 |
| certification that all such agents comply with the eligibility | 23 |
| standards set forth in this Act.
| 24 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 25 |
| (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
|
|
|
|
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|
| 1 |
| Sec. 10.1. Persons ineligible for licenses.
The following | 2 |
| are ineligible for any license under this Act:
| 3 |
| (a) any person who has been convicted of a felony;
| 4 |
| (b) any person who is or has been a professional gambler or | 5 |
| gambling
promoter , except when the person acted in such a | 6 |
| capacity pursuant to and in compliance with all applicable law ;
| 7 |
| (c) any person who has engaged in bookmaking or other forms | 8 |
| of illegal
gambling;
| 9 |
| (d) any person who is not of good character and reputation | 10 |
| in the
community in which he resides;
| 11 |
| (e) any person who has been found guilty of any fraud or
| 12 |
| misrepresentation in any connection;
| 13 |
| (f) any firm or corporation in which a person defined in | 14 |
| (a), (b), (c),
(d) or (e) has a proprietary, equitable or | 15 |
| credit interest of 5% or more.
| 16 |
| (g) any organization in which a person defined in (a), (b), | 17 |
| (c), (d) or
(e) is an officer, director, or managing agent, | 18 |
| whether compensated or not;
| 19 |
| (h) any organization in which a person defined in (a), (b), | 20 |
| (c), (d), or
(e) is to participate in the management or sales | 21 |
| of lottery tickets or
shares.
| 22 |
| However, with respect to persons defined in (a), the | 23 |
| Department may grant
any such person a license under this Act | 24 |
| when:
| 25 |
| 1) at least 10 years have elapsed since the date when the | 26 |
| sentence for
the most recent such conviction was satisfactorily |
|
|
|
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LRB095 01509 AMC 21511 b |
|
| 1 |
| completed;
| 2 |
| 2) the applicant has no history of criminal activity | 3 |
| subsequent to such conviction;
| 4 |
| 3) the applicant has complied with all conditions of | 5 |
| probation, conditional
discharge, supervision, parole or | 6 |
| mandatory supervised release; and
| 7 |
| 4) the applicant presents at least 3 letters of | 8 |
| recommendation from responsible
citizens in his community who | 9 |
| personally can attest that the character and
attitude of the | 10 |
| applicant indicate that he is unlikely
to commit another crime.
| 11 |
| The Division may revoke, without notice or a hearing, the | 12 |
| license of
any agent who violates this Act or any rule or | 13 |
| regulation promulgated
pursuant to this Act. If the State | 14 |
| enters into a Management and Concession Agreement pursuant to | 15 |
| which the State authorizes a Concessionaire to engage any sales | 16 |
| agent, the Division shall retain the power to revoke any such | 17 |
| agency pursuant to the provisions of this Act. However, if the | 18 |
| Division does revoke a license
without notice and an | 19 |
| opportunity for a hearing, the Division shall, by
appropriate | 20 |
| notice, afford the person whose license has been revoked an
| 21 |
| opportunity for a hearing within 30 days after the revocation | 22 |
| order has
been issued. As a result of any such hearing, the | 23 |
| Division may confirm
its action in revoking the license, or it | 24 |
| may order the restoration of such
license.
| 25 |
| (Source: P.A. 94-776, eff. 5-19-06.)
|
|
|
|
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LRB095 01509 AMC 21511 b |
|
| 1 |
| (20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
| 2 |
| Sec. 10.1a. Failure to satisfy tax Act requirements.
In | 3 |
| addition to other grounds specified in this Act, the
Division | 4 |
| shall refuse to issue and shall suspend the license of any | 5 |
| lottery
sales agency who fails to file a return, or to pay the | 6 |
| tax, penalty or
interest shown in a filed return, or to pay any | 7 |
| final assessment of tax,
penalty or interest, as required by | 8 |
| any tax Act administered by the
Department, until such time as | 9 |
| the requirements of any
such tax Act are satisfied, unless the | 10 |
| agency is contesting, in accordance
with the procedures | 11 |
| established by the appropriate revenue Act, its
liability for | 12 |
| the tax or the amount of tax. If the State enters into a | 13 |
| Management and Concession Agreement pursuant to which the State | 14 |
| authorizes a Concessionaire to engage any sales agent, the | 15 |
| Division may direct the Concessionaire to refrain from engaging | 16 |
| or to suspend the engagement of any party acting or seeking to | 17 |
| act as a sales agent. The Division shall
affirmatively verify | 18 |
| the tax status of every sales agency before issuing or
renewing | 19 |
| a license , except that, if the State enters into a Management | 20 |
| and Concession Agreement pursuant to which the State authorizes | 21 |
| a Concessionaire to engage any sales agent, the Division shall | 22 |
| verify the tax status of each agent from the list of agents | 23 |
| provided by the Concessionaire pursuant to Section 10 of this | 24 |
| Act . For purposes of this Section, a sales agency shall not
be | 25 |
| considered delinquent in the payment of a tax if the agency (a) | 26 |
| has
entered into an agreement with the Department for the |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| payment of
all such taxes that are due and (b) is in compliance | 2 |
| with the agreement.
| 3 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 4 |
| (20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
| 5 |
| Sec. 10.2. Application and other fees. Each application | 6 |
| for a new lottery license must be accompanied by a one-time | 7 |
| application fee of $50; the Division, however, may waive the | 8 |
| fee for licenses of limited duration as provided by Department | 9 |
| rule. Each application for renewal of a lottery license must be | 10 |
| accompanied by a renewal fee of $25. Each lottery licensee | 11 |
| granted on-line status pursuant to the Department's rules must | 12 |
| pay a fee of $10 per week as partial reimbursement for | 13 |
| telecommunications charges incurred by the Department in | 14 |
| providing access to the lottery's on-line gaming system. The | 15 |
| Department, by rule, may increase or decrease the amount of | 16 |
| these fees. No Concessionaire that may retain sales agents for | 17 |
| the Lottery pursuant to the terms of a Management and | 18 |
| Concession Agreement may assess any fee pursuant to this | 19 |
| Section.
| 20 |
| (Source: P.A. 93-840, eff. 7-30-04; 94-776, eff. 5-19-06.)
| 21 |
| (20 ILCS 1605/10.3) (from Ch. 120, par. 1160.3)
| 22 |
| Sec. 10.3. Proceeds received by sales agent.
All proceeds | 23 |
| from the sale of lottery tickets or shares
received by a person | 24 |
| in the capacity of a sales agent shall constitute a
trust fund |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| until paid to the Department either directly, or through the
| 2 |
| Department's authorized collection representative. Proceeds | 3 |
| shall include
unsold instant tickets received by a sales agent | 4 |
| and cash proceeds of sale
of any lottery products, net of | 5 |
| allowable sales commissions and credit for
lottery prizes paid | 6 |
| to winners by sales agents. Sales proceeds and unsold
instant | 7 |
| tickets shall be delivered to the Department or its authorized
| 8 |
| collection representative upon demand. Sales agents shall be | 9 |
| personally
liable for all proceeds which shall be kept separate | 10 |
| and apart from all
other funds and assets and shall not be | 11 |
| commingled with any other funds or
assets.
In the case of a | 12 |
| sales agent who is not an individual, personal liability
shall | 13 |
| attach to the owners and officers of the sales agent. The | 14 |
| Department
shall have a right to file a lien upon all real and | 15 |
| personal property of
any person who is personally liable under | 16 |
| this Section for any unpaid
proceeds, which were to be | 17 |
| segregated as a trust fund under this Section,
at any time | 18 |
| after such payment was to have been made. Such lien shall
| 19 |
| include any interest and penalty provided for by this Act and | 20 |
| shall be
deemed equivalent to, and have the same effect as, the | 21 |
| State tax lien under
the Retailers' Occupation Tax Act.
The | 22 |
| term "person" as used in this Section, and in Section 10.4 of
| 23 |
| this Act, shall have the same meaning as provided in Section 10 | 24 |
| of this Act.
This Section, and Sections 10.4 and 10.5 of this | 25 |
| Act shall apply with
respect to all lottery tickets or shares | 26 |
| generated by computer terminal,
other electronic device, and |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| any other tickets delivered to sales agents on
and after | 2 |
| September 1, 1987. If the State enters into a Management and | 3 |
| Concession Agreement pursuant to which a Concessionaire is | 4 |
| authorized to manage or operate the Lottery and pursuant to | 5 |
| which the State shall receive any portion of Lottery revenue: | 6 |
| (i) the Concessionaire may be the Department's authorized | 7 |
| collection representative; and (ii) no such arrangement shall | 8 |
| diminish the Department's rights pursuant to this Section. For | 9 |
| purposes of this Section, "sales agent" includes any sales | 10 |
| agent engaged by a Concessionaire pursuant to the terms of a | 11 |
| Management and Concession Agreement.
| 12 |
| (Source: P.A. 86-905.)
| 13 |
| (20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
| 14 |
| Sec. 10.4. Proceeds received by sales agent; violations.
| 15 |
| Every person who shall violate the provisions of Section
10.3, | 16 |
| or who does not segregate and keep separate and apart from all | 17 |
| other
funds and assets, all proceeds from the sale of lottery | 18 |
| tickets
received by a person in the capacity of a sales agent,
| 19 |
| shall upon conviction thereof be guilty of a Class 4 felony. | 20 |
| The
provisions of this Section shall be enforced by the | 21 |
| Illinois Department of
State Police and prosecuted by the | 22 |
| Attorney General.
| 23 |
| (Source: P.A. 85-183; 86-1475.)
| 24 |
| (20 ILCS 1605/10.5) (from Ch. 120, par. 1160.5)
|
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| Sec. 10.5. Sales agent; insolvency.
Whenever any person who | 2 |
| receives proceeds from the sale of
lottery tickets in the | 3 |
| capacity of sales agent becomes insolvent, or dies
insolvent, | 4 |
| the proceeds due the Department from such person or his estate
| 5 |
| shall have preference over all debts or demands, except as | 6 |
| follows:
| 7 |
| (a) Amounts due for necessary funeral expenses;
| 8 |
| (b) Amounts due for medical care and medicine during his | 9 |
| most recent illness
preceding death;
| 10 |
| (c) Debts due to the United States;
| 11 |
| (d) Debts due to the State of Illinois and all State and
| 12 |
| local taxes; and
| 13 |
| (e) Wages for labor performed within the 6 months | 14 |
| immediately preceding the death of
such deceased person, not | 15 |
| exceeding $1,000 due to another person and provided
further | 16 |
| that such proceeds shall be nondischargeable in insolvency
| 17 |
| proceedings instituted pursuant to Chapter 7, Chapter 11, or | 18 |
| Chapter 13 of
the Federal Bankruptcy Act.
| 19 |
| (Source: P.A. 85-183.)
| 20 |
| (20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
| 21 |
| Sec. 10.6. Odds of winning.
The Division shall make an | 22 |
| effort to more directly inform
players of the odds of winning | 23 |
| prizes. This effort shall include, at a
minimum, that the | 24 |
| Division require all ticket agents to display a placard
stating | 25 |
| the odds of winning for each game offered by that agent. In the |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| event that the State shall enter into a Management and | 2 |
| Concession Agreement, the Division shall be relieved of its | 3 |
| duties under this Section 10.6 and the Concessionaire shall be | 4 |
| obligated to comply with the requirements of this Section 10.6.
| 5 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 6 |
| (20 ILCS 1605/10.7)
| 7 |
| Sec. 10.7. Compulsive gambling.
| 8 |
| (a) Each lottery sales agent shall post a statement | 9 |
| regarding obtaining
assistance with gambling problems and | 10 |
| including a toll-free "800" telephone
number providing crisis | 11 |
| counseling and referral services to families
experiencing | 12 |
| difficulty as a result of problem or compulsive gambling. The
| 13 |
| text of the statement shall be determined by rule by the | 14 |
| Department of
Human Services, shall be no more than
one | 15 |
| sentence in length, and shall be posted on the placard required | 16 |
| under
Section 10.6. The signs shall be provided by the | 17 |
| Department of Human
Services.
| 18 |
| (b) The Division shall print a statement regarding | 19 |
| obtaining assistance
with gambling problems, the text of which | 20 |
| shall be determined by rule by the
Department of Human | 21 |
| Services, on all
paper stock it provides to
the general public.
| 22 |
| (c) The Division shall print a statement of no more than | 23 |
| one sentence
in length regarding obtaining assistance with | 24 |
| gambling problems and including a
toll-free "800" number | 25 |
| providing crisis counseling and referral services to
families |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| experiencing difficulty as a result of problem or compulsive | 2 |
| gambling
on the back of all lottery tickets.
| 3 |
| (d) If the State enters into a Management and Concession | 4 |
| Agreement pursuant to which a Concessionaire is authorized to | 5 |
| manage or operate the Lottery, the Concessionaire shall assume | 6 |
| and discharge all duties of the Division under subsections (a), | 7 |
| (b), and (c) of this Section.
| 8 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 9 |
| (20 ILCS 1605/11) (from Ch. 120, par. 1161)
| 10 |
| Sec. 11. Officers and employees; civil or criminal | 11 |
| penalties; devolution of powers or duties.
Every officer and | 12 |
| employee shall for any offense be subject to
the same penalty | 13 |
| or penalties, civil or criminal, as are prescribed by
existing | 14 |
| law for the same offense by any officer or employee whose | 15 |
| powers
or duties devolve upon him under this Act.
| 16 |
| (Source: P.A. 78-3rd S.S.-20.)
| 17 |
| (20 ILCS 1605/12) (from Ch. 120, par. 1162)
| 18 |
| Sec. 12. Public inspection and copying of records and data; | 19 |
| exceptions.
The public inspection and copying of the records | 20 |
| and data of the
Division and the Board shall be generally | 21 |
| governed by the provisions of the
Freedom of Information Act | 22 |
| except that the following shall additionally be
exempt from | 23 |
| inspection and copying:
| 24 |
| (i) information privileged against introduction in |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| judicial proceedings;
| 2 |
| (ii) internal communications of the several agencies;
| 3 |
| (iii) information concerning secret manufacturing | 4 |
| processes or
confidential data submitted by any person | 5 |
| under this Act;
| 6 |
| (iv) any creative proposals, scripts, storyboards or | 7 |
| other materials
prepared by or for the Division or a | 8 |
| Concessionaire under a Management and Concession | 9 |
| Agreement , prior to the placement of the materials in
the | 10 |
| media, if the prior release of the materials would | 11 |
| compromise the
effectiveness of an advertising campaign.
| 12 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 13 |
| (20 ILCS 1605/13) (from Ch. 120, par. 1163)
| 14 |
| Sec. 13. Right to prize; payment.
Except as otherwise | 15 |
| provided in Section 13.1, no prize, nor any
portion of a prize, | 16 |
| nor any right of any
person to a prize awarded shall be | 17 |
| assignable. Any prize, or portion
thereof remaining unpaid at | 18 |
| the death of a prize winner, may be paid to the
estate
of such | 19 |
| deceased prize winner, or to the trustee under a revocable | 20 |
| living
trust established by the deceased prize winner as | 21 |
| settlor, provided that a
copy of such a trust has been filed | 22 |
| with the Department along with a
notarized letter of direction | 23 |
| from the settlor and no written notice of
revocation has been | 24 |
| received by the Division prior to the settlor's
death. | 25 |
| Following such a settlor's death and prior to any payment to |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| such a
successor trustee, the Superintendent shall obtain from | 2 |
| the trustee a written agreement to indemnify and hold the | 3 |
| Department and the Division
harmless with respect to any claims | 4 |
| that may be asserted against the
Department or the Division | 5 |
| arising from payment to or through the trust. Notwithstanding
| 6 |
| any other provision of this Section, any person pursuant to an | 7 |
| appropriate
judicial order may be paid
the prize to which a | 8 |
| winner is entitled, and all or part of any prize
otherwise | 9 |
| payable by
State warrant under this Section shall be withheld | 10 |
| upon certification to
the State Comptroller from the Illinois
| 11 |
| Department of Healthcare and Family Services
Public Aid as
| 12 |
| provided in Section 10-17.5 of The Illinois Public Aid Code. | 13 |
| The Director
and the Superintendent shall be discharged of all | 14 |
| further liability upon payment of a prize
pursuant to this | 15 |
| Section. | 16 |
| If the State enters into a Management and Concession | 17 |
| Agreement pursuant to which a payor other than the State, or a | 18 |
| department, division, agency, or other unit of the State shall | 19 |
| have the obligation to pay a prize, except as otherwise | 20 |
| provided in Section 13.1, neither a prize, nor any portion of a | 21 |
| prize, nor any right of any person to a prize awarded shall be | 22 |
| assignable. Any prize, or portion thereof remaining unpaid at | 23 |
| the death of a prize winner, may be paid to the estate of that | 24 |
| deceased prize winner, or to the trustee under a revocable | 25 |
| living trust established by the deceased prize winner as | 26 |
| settlor, provided that a copy of that trust has been delivered |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| to the third party prize payor along with a notarized letter of | 2 |
| direction from the settlor and no written notice of revocation | 3 |
| has been received by the third party prize payor prior to the | 4 |
| settlor's death. Following such a settlor's death and prior to | 5 |
| any payment to such a successor trustee, the third party prize | 6 |
| payor shall obtain from the trustee a written agreement to | 7 |
| indemnify and hold the third party prize payor and the State | 8 |
| harmless with respect to any claims that may be asserted | 9 |
| against such third party prize payor or the State arising from | 10 |
| the payment of the prize to or through the trust. The Director | 11 |
| and the Superintendent shall be discharged of all further | 12 |
| liability upon payment of a prize pursuant to this Section.
| 13 |
| (Source: P.A. 93-465, eff. 1-1-04; 94-776, eff. 5-19-06; | 14 |
| revised 8-21-06.)
| 15 |
| (20 ILCS 1605/14) (from Ch. 120, par. 1164)
| 16 |
| Sec. 14. Sale of ticket or share at greater than fixed | 17 |
| price; sale or resale of tickets or shares; charging a fee to | 18 |
| redeem winning ticket or share; punishment.
No person shall | 19 |
| sell a ticket or share at a price greater than that
fixed by | 20 |
| rule or regulation of the Department or the Division. No person | 21 |
| other than a
licensed lottery sales agent or distributor or a | 22 |
| sales agent engaged by a Concessionaire pursuant to the terms | 23 |
| of a Management and Concession Agreement shall sell or resell | 24 |
| lottery
tickets or shares. No person shall charge a fee to | 25 |
| redeem a winning ticket or
share.
|
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| Any person convicted of violating this Section shall be | 2 |
| guilty of a
Class B misdemeanor; provided, that if any offense | 3 |
| under this Section is
a subsequent offense, the offender shall | 4 |
| be guilty of a Class 4 felony.
| 5 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 6 |
| (20 ILCS 1605/14.2) (from Ch. 120, par. 1164.2)
| 7 |
| Sec. 14.2. Lottery ticket fraud; prima facie evidence.
Any | 8 |
| person who, with intent to defraud, shall falsely make, alter,
| 9 |
| forge, utter, pass or counterfeit a lottery ticket or share | 10 |
| issued by the
State of Illinois under this Act shall be guilty | 11 |
| of a Class 4 felony.
| 12 |
| It shall be prima facie evidence of intent to defraud for a | 13 |
| person to
possess a lottery ticket or share issued by the State | 14 |
| under this Act if he or
she knows that ticket or share was | 15 |
| falsely made, altered, forged, uttered,
passed, or | 16 |
| counterfeited.
| 17 |
| (Source: P.A. 89-466, eff. 6-13-96.)
| 18 |
| (20 ILCS 1605/14.3)
| 19 |
| Sec. 14.3. Misuse of proprietary material prohibited. | 20 |
| Except as may be
provided in Section 7.11, or by bona fide sale | 21 |
| or by prior authorization from
the Department or the Division, | 22 |
| or otherwise by law, all premiums, promotional and other
| 23 |
| proprietary material produced or acquired by the Division as | 24 |
| part of its
advertising and promotional activities shall remain |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| the property of the
Department. Nothing herein shall be | 2 |
| construed to affect the rights or
obligations of the Department | 3 |
| or any other person under federal or State
trademark or | 4 |
| copyright laws , nor shall anything herein be construed to | 5 |
| prevent the Department or Division from assigning its rights in | 6 |
| such property to a Concessionaire pursuant to a Management and | 7 |
| Concession Agreement .
| 8 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 9 |
| (20 ILCS 1605/15) (from Ch. 120, par. 1165)
| 10 |
| Sec. 15. Prohibition against minors under 18 years of age | 11 |
| and certain other persons purchasing or being furnished lottery | 12 |
| tickets or shares.
No minor under 18 years of age shall buy a | 13 |
| lottery ticket or
share. No person shall sell, distribute | 14 |
| samples of, or furnish a lottery
ticket or share to any minor | 15 |
| under 18 years of age, buy a lottery ticket or
share for any | 16 |
| minor under 18 years of age, or aid and abet in the purchase of
| 17 |
| lottery tickets or shares by a minor under 18 years of age.
| 18 |
| No ticket or share shall be purchased by, and no prize | 19 |
| shall be paid to
any of the following persons: any member of | 20 |
| the Board or any officer or
other person employed by the Board | 21 |
| or by the Department;
any spouse, child, brother, sister or | 22 |
| parent residing as a member of the
same household in the | 23 |
| principal place of abode of any such persons; or any
minor | 24 |
| under 18 years of age.
| 25 |
| Any
violation of this Section by a person other than the |
|
|
|
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| 1 |
| purchasing minor shall be
a Class B misdemeanor;
provided,
that | 2 |
| if any violation of this Section is a subsequent
violation, the
| 3 |
| offender shall be guilty of a Class 4 felony. Notwithstanding | 4 |
| any provision
to the contrary, a violation of this Section by a | 5 |
| minor under 18 years of age
shall be a petty offense.
| 6 |
| (Source: P.A. 90-346, eff. 8-8-97.)
| 7 |
| (20 ILCS 1605/16) (from Ch. 120, par. 1166)
| 8 |
| Sec. 16. Violations of Act, rules, or regulations; | 9 |
| punishment; enforcement.
It shall be a Class B misdemeanor to | 10 |
| violate this Act or any
rule or regulation promulgated | 11 |
| thereunder, or knowingly to submit any false
information under | 12 |
| this Act or rules or regulations adopted thereunder;
except | 13 |
| that, if any person engages in such offense after one or more | 14 |
| prior
convictions under this Act, or any law of the United | 15 |
| States or of any State
relating to gambling or State operated | 16 |
| lotteries, he shall be guilty of a
Class 4 felony. It shall be | 17 |
| the duty of all State and local law enforcement
officers to | 18 |
| enforce such Act and regulations.
| 19 |
| (Source: P.A. 78-3rd S.S.-20.)
| 20 |
| (20 ILCS 1605/17) (from Ch. 120, par. 1167)
| 21 |
| Sec. 17. Other laws providing penalty or disability for | 22 |
| sale of lottery tickets or shares inapplicable.
No other law | 23 |
| providing any penalty or disability for the sale of
lottery | 24 |
| tickets or shares or any acts done in connection with the
|
|
|
|
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| 1 |
| lottery established under this Act shall apply to the sale of | 2 |
| tickets or
shares performed pursuant to this Act.
| 3 |
| (Source: P.A. 81-477.)
| 4 |
| (20 ILCS 1605/19) (from Ch. 120, par. 1169)
| 5 |
| Sec. 19. Claiming prizes.
The Division shall establish an | 6 |
| appropriate period for the
claiming of prizes for each lottery | 7 |
| game offered. Each claim period shall
be stated in game rules | 8 |
| and written play
instructions issued by the Superintendent in | 9 |
| accordance with Section 7.1 of
this Act or, if the State enters | 10 |
| into a Management and Concession Agreement pursuant to which a | 11 |
| Concessionaire shall manage or operate the Lottery, such rules | 12 |
| and written play instructions as may be issued in accordance | 13 |
| with the terms of the Management and Concession Agreement . | 14 |
| Written play instructions shall be made available to all | 15 |
| players
through sales agents licensed to sell game tickets or | 16 |
| shares.
Prizes for lottery games which involve the purchase of | 17 |
| a physical lottery
ticket may be claimed only by presentation | 18 |
| of a valid winning lottery
ticket that matches validation | 19 |
| records on file with the Lottery or, if the State enters into a | 20 |
| Management and Concession Agreement pursuant to which a | 21 |
| Concessionaire manages or operates the Lottery, the records on | 22 |
| file with that Concessionaire ; no
claim may be honored which is | 23 |
| based on the assertion that the ticket was
lost or stolen. No | 24 |
| lottery ticket which has been altered, mutilated, or
fails to | 25 |
| pass validation tests shall be deemed to be a winning ticket.
|
|
|
|
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|
| 1 |
| If no claim
is made for the money within the established | 2 |
| claim period, then the unclaimed prize money shall be | 3 |
| transferred to the General Revenue Fund
the prize may
be | 4 |
| included in the prize pool of such special drawing or drawings | 5 |
| as the
Division may, from time to time, designate . Unclaimed
| 6 |
| multi-state game prize money may be included in the multi-state
| 7 |
| prize
pool for such special drawing or drawings as the | 8 |
| multi-state game directors
may, from time to time, designate. | 9 |
| Any bonuses offered by the Department
to sales agents who sell | 10 |
| winning tickets or shares shall be
payable to such agents | 11 |
| regardless of whether or not the prize money on the
ticket or | 12 |
| share is claimed, provided that the agent can be identified as
| 13 |
| the vendor of the winning ticket or share, and
that the winning | 14 |
| ticket or share was sold on or after January 1, 1984.
All | 15 |
| unclaimed prize money not included in the prize pool of a | 16 |
| special
drawing shall be transferred to the Common School Fund.
| 17 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 18 |
| (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| 19 |
| Sec. 20. State Lottery Fund.
| 20 |
| (a) There is created in the State Treasury a special fund | 21 |
| to be
known as the "State Lottery Fund". Such fund shall | 22 |
| consist of all revenues
received from (1) the sale of lottery | 23 |
| tickets or shares, (net of
commissions, fees
representing those | 24 |
| expenses that are directly proportionate to the
sale of tickets | 25 |
| or shares at the agent location, and prizes of less
than
$600 |
|
|
|
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|
| 1 |
| which
have been validly paid at the agent
level), (2) | 2 |
| application fees,
and (3) all other sources including moneys | 3 |
| credited or transferred thereto
from
any other fund
or source | 4 |
| pursuant to law and, if the State enters into a Management and | 5 |
| Concession Agreement, any moneys accruing to the State pursuant | 6 |
| to the terms of that Agreement . Interest earnings of the State | 7 |
| Lottery Fund
shall be credited to the Common School Fund.
| 8 |
| (b) The receipt and distribution of moneys under Section | 9 |
| 21.5 of this Act shall be in accordance with Section 21.5.
| 10 |
| (c)
(b) The receipt and distribution of moneys under | 11 |
| Section 21.6 of this Act shall be in accordance with Section | 12 |
| 21.6. | 13 |
| (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | 14 |
| revised 8-19-05.)
| 15 |
| (20 ILCS 1605/21) (from Ch. 120, par. 1171)
| 16 |
| Sec. 21. Payments or deposits of moneys and income.
All | 17 |
| lottery sales agents or distributors shall be liable to the
| 18 |
| Lottery for any and all tickets accepted or generated by any | 19 |
| employee or
representative of that agent or distributor, and | 20 |
| such tickets shall be deemed
to have been purchased by the | 21 |
| agent or distributor unless returned to the
Lottery or if the | 22 |
| State enters into a Management and Concession Agreement | 23 |
| pursuant to which a Concessionaire engages sales agents or | 24 |
| distributors, to such Concessionaire as may be allowed | 25 |
| according to the terms of the Management and Concession |
|
|
|
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|
| 1 |
| Agreement within the time and in the manner prescribed by the | 2 |
| Superintendent. All
moneys received by such agents or | 3 |
| distributors from the sale of lottery tickets
or shares, less | 4 |
| the amount retained as compensation for the sale of the tickets
| 5 |
| or shares and the amount paid out as prizes, shall be paid over | 6 |
| to a lottery
representative or deposited in a bank or savings | 7 |
| and loan association approved
by the State Treasurer, as | 8 |
| prescribed by the Superintendent or, if the State enters into a | 9 |
| Management and Concession Agreement pursuant to which those | 10 |
| moneys are to be held by a trustee, to that trustee and in | 11 |
| accordance with such terms as may be set forth in the | 12 |
| Management and Concession Agreement .
| 13 |
| No bank or savings and loan association shall receive any
| 14 |
| public funds as
permitted by this Section, unless it has | 15 |
| complied with the requirements
established pursuant to Section | 16 |
| 6 of the Public Funds Investment Act.
| 17 |
| Each payment or deposit shall be accompanied by a report of | 18 |
| the agent's
receipts and transactions in the sale of lottery | 19 |
| tickets in such form and
containing such information as the | 20 |
| Superintendent , or if the State enters into a Management and | 21 |
| Concession Agreement, as the Concessionaire may require. Any
| 22 |
| discrepancies in such receipts and transactions may be resolved | 23 |
| as
provided by the rules and regulations of the Department.
| 24 |
| If any money due the Lottery by a sales agent or | 25 |
| distributor is not paid
when due or demanded, it shall | 26 |
| immediately become delinquent and be billed
on a subsequent |
|
|
|
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|
| 1 |
| monthly statement. If on the closing date for any monthly
| 2 |
| statement a delinquent amount previously billed of more than | 3 |
| $50 remains
unpaid, interest in such amount shall be accrued at | 4 |
| the rate of 2% per month
or fraction thereof from the date when | 5 |
| such delinquent amount becomes past
due until such delinquent | 6 |
| amount, including interest, penalty and other
costs and charges | 7 |
| that the Department may incur in collecting such amounts, is
| 8 |
| paid. In case any agent or distributor fails to pay any moneys | 9 |
| due the Lottery
within 30 days after a second bill or statement | 10 |
| is rendered to the agent or
distributor, such amount shall be | 11 |
| deemed seriously delinquent and may be
referred by the | 12 |
| Department to a collection agency or credit bureau for
| 13 |
| collection. Any contract entered into by the Department for the | 14 |
| collection of
seriously delinquent accounts with a collection | 15 |
| agency or credit bureau may be
satisfied by a commercially | 16 |
| reasonable percentage of the delinquent account
recouped, | 17 |
| which shall be negotiated by the Department in accordance with
| 18 |
| commercially accepted standards. Any costs incurred by the | 19 |
| Department or
others authorized to act in its behalf in | 20 |
| collecting such delinquencies may be
assessed against the agent | 21 |
| or distributor and included as a part of the
delinquent | 22 |
| account.
| 23 |
| In case of failure of an agent or distributor to pay a | 24 |
| seriously delinquent
amount, or any portion thereof, including | 25 |
| interest, penalty and costs,
the Division may issue a Notice of | 26 |
| Assessment. In determining amounts
shown on the Notice of |
|
|
|
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|
| 1 |
| Assessment, the Division shall utilize the
financial | 2 |
| information available from its records. Such Notice of
| 3 |
| Assessment shall be prima facie correct and shall be prima | 4 |
| facie evidence
of delinquent sums due under this Section at any | 5 |
| hearing before the Board,
or its Hearing Officers, or at any | 6 |
| other legal proceeding. Reproduced
copies of the Division's | 7 |
| records relating to a delinquent account or a
Notice of | 8 |
| Assessment offered in the name of the Department, under the
| 9 |
| Certificate of the Director or any officer or employee of the | 10 |
| Department
designated in writing by the Director shall, without | 11 |
| further proof, be
admitted into evidence in any such hearing or | 12 |
| any legal proceeding and shall be
prima facie proof of the | 13 |
| delinquency, including principal and any interest,
penalties | 14 |
| and costs, as shown thereon. The Attorney General may bring | 15 |
| suit on
behalf of the Department to collect all such delinquent | 16 |
| amounts, or any portion
thereof, including interest, penalty | 17 |
| and costs, due the Lottery.
| 18 |
| Any person who accepts money that is due to the Department | 19 |
| from the
sale of lottery tickets or shares under this Act, but | 20 |
| who wilfully fails to remit
such payment to the Department when | 21 |
| due or who purports to make such payment
but wilfully fails to | 22 |
| do so because such
his check or other remittance fails to
clear | 23 |
| the financial institution
bank or savings and loan association
| 24 |
| against
which it is drawn, in
addition to the amount due and in | 25 |
| addition to any other penalty provided by
law, shall be | 26 |
| assessed, and shall pay, a penalty equal to 5% of the |
|
|
|
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LRB095 01509 AMC 21511 b |
|
| 1 |
| deficiency
plus any costs or charges incurred by the Department | 2 |
| in collecting such amount.
| 3 |
| The Director may make such arrangements for any person(s), | 4 |
| financial institution,
banks, savings and
loan associations or | 5 |
| distributors, to perform such functions, activities or
| 6 |
| services in connection with the operation of the lottery as he | 7 |
| deems advisable
pursuant to this Act, the State Comptroller | 8 |
| Act, or the rules and regulations of the Department,
and such | 9 |
| functions, activities or services shall constitute lawful | 10 |
| functions,
activities and services of such person(s), banks, | 11 |
| savings and loan associations
or distributors.
| 12 |
| All income arising out of any activity or purpose of the | 13 |
| Division
shall,
pursuant to the State Finance Act, be paid into | 14 |
| the State Treasury except as otherwise provided by the
rules | 15 |
| and regulations of the Department and shall be covered into a | 16 |
| special
fund to be known as the State Lottery Fund. Banks and | 17 |
| savings and loan
associations may be compensated for services | 18 |
| rendered based upon the activity
and amount of funds on | 19 |
| deposit.
| 20 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 21 |
| (20 ILCS 1605/21.2) (from Ch. 120, par. 1171.2)
| 22 |
| Sec. 21.2. (Repealed.)
There is created a special fund in | 23 |
| the State Treasury known
as the Illinois Land Grant Collegiate | 24 |
| Athletics Fund. The Department
shall designate
a special | 25 |
| lottery game of its choosing which it shall prepare
and offer |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| for sale to the public, the net proceeds from which shall be | 2 |
| transferred
to such
fund for distribution to the University of | 3 |
| Illinois Athletic Association
as otherwise authorized by law.
| 4 |
| (Source: P.A. 84-1128.)
| 5 |
| (20 ILCS 1605/21.3) (from Ch. 120, par. 1171.3)
| 6 |
| Sec. 21.3. Officer of corporation; personal liability.
Any | 7 |
| officer of any corporation licensed as an agent for the
sale of | 8 |
| Lottery tickets and products shall be personally liable for the | 9 |
| total
amount of Lottery receipts due the Department which are | 10 |
| unpaid by the
corporation, together with any interest and | 11 |
| penalties thereon assessed in
accordance with the provision of | 12 |
| Section 21 of the Act.
| 13 |
| The personal liability of a corporate officer as provided | 14 |
| herein shall
survive the dissolution of the corporation. No | 15 |
| action to enforce such
personal liability shall be commenced | 16 |
| unless a notice of the delinquent
account has been sent to such | 17 |
| corporate officer at the address shown on the
Lottery records | 18 |
| or otherwise known to Department officials, and no such
action | 19 |
| shall be commenced after the expiration of 3 years from the | 20 |
| date of
the Department's notice of delinquent account or the | 21 |
| termination of any
court proceedings with respect to the issue | 22 |
| of the delinquency of a
corporation.
| 23 |
| Procedures for protest and review of a notice of the | 24 |
| Department's
intention to enforce personal liability against a | 25 |
| corporate officer shall
be the same as those prescribed for |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| protest and review of the Notice of
Assessment as set forth in | 2 |
| Section 7.3 of this Act.
| 3 |
| (Source: P.A. 88-522.)
| 4 |
| (20 ILCS 1605/21.5)
| 5 |
| Sec. 21.5. Superintendent Carolyn Adams Ticket For The | 6 |
| Cure. | 7 |
| (a) The Department shall offer a special instant | 8 |
| scratch-off game with the title of " Carolyn Adams Ticket For | 9 |
| The Cure". The game shall commence on January 1, 2006 or as | 10 |
| soon thereafter, in the discretion of the Director, as is | 11 |
| reasonably practical, and shall be discontinued on December 31, | 12 |
| 2011. The operation of the game shall be governed by this Act | 13 |
| and any rules adopted by the Department. The Department must | 14 |
| consult with the Ticket For The Cure Board, which is | 15 |
| established under Section 2310-347 of the Department of Public | 16 |
| Health Powers and Duties Law of the
Civil Administrative Code | 17 |
| of Illinois, regarding the design and promotion of the game. If | 18 |
| any provision of this Section is inconsistent with any other | 19 |
| provision of this Act, then this Section governs. | 20 |
| (b) The Ticket For The Cure Fund is created as a special | 21 |
| fund in the State treasury. The net revenue from the Carolyn | 22 |
| Adams Ticket For The Cure special instant scratch-off game | 23 |
| shall be deposited into the Fund for appropriation by the | 24 |
| General Assembly solely to the Department of Public Health for | 25 |
| the purpose of making grants to public or private entities in |
|
|
|
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|
| 1 |
| Illinois for the purpose of funding research concerning breast | 2 |
| cancer and for funding services for breast cancer victims. The | 3 |
| Department must, before grants are awarded, provide copies of | 4 |
| all grant applications to the Ticket For The Cure Board, | 5 |
| receive and review the Board's recommendations and comments, | 6 |
| and consult with the Board regarding the grants. For purposes | 7 |
| of this Section, the term "research" includes, without | 8 |
| limitation, expenditures to develop and advance the | 9 |
| understanding, techniques, and modalities effective in the | 10 |
| detection, prevention, screening, and treatment of breast | 11 |
| cancer and may include clinical trials. The grant funds may not | 12 |
| be used for institutional, organizational, or community-based | 13 |
| overhead costs, indirect costs, or levies. | 14 |
| Moneys received for the purposes of this Section, | 15 |
| including, without limitation, net revenue from the special | 16 |
| instant scratch-off game and gifts, grants, and awards from any | 17 |
| public or private entity, must be deposited into the Fund. Any | 18 |
| interest earned on moneys in the Fund must be deposited into | 19 |
| the Fund. | 20 |
| For purposes of this subsection, "net revenue" means the | 21 |
| total amount for which tickets have been sold less the sum of | 22 |
| the amount paid out in prizes and the actual administrative | 23 |
| expenses of the Department solely related to the Carolyn Adams
| 24 |
| Ticket For The Cure game. | 25 |
| (c) During the time that tickets are sold for the Carolyn | 26 |
| Adams Ticket For The Cure game, the Department shall not |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| unreasonably diminish the efforts devoted to marketing any | 2 |
| other instant scratch-off lottery game. | 3 |
| (d) The Department may adopt any rules necessary to | 4 |
| implement and administer the provisions of this Section.
| 5 |
| (Source: P.A. 94-120, eff. 7-6-05.) | 6 |
| (20 ILCS 1605/21.7 new) | 7 |
| Sec. 21.7. Right to direct offer of new games. If the State | 8 |
| enters into a Management and Concession Agreement, the State | 9 |
| shall retain the right to direct the Concessionaire to offer | 10 |
| games as the General Assembly may determine appropriate from | 11 |
| time to time. The General Assembly may in its discretion direct | 12 |
| the deposit and use of net revenues from any such new games. | 13 |
| The operation of any such new games shall be governed by this | 14 |
| Act and any rules necessary to implement and administer the | 15 |
| provisions of this Section as adopted by the Department. | 16 |
| For purposes of this Section, "net revenue" means the total | 17 |
| amount for which tickets have been sold less the sum of the | 18 |
| amount paid out in the prizes and the costs and expenses of the | 19 |
| Department related to the game.
| 20 |
| (20 ILCS 1605/24) (from Ch. 120, par. 1174)
| 21 |
| Sec. 24. Preaudit of accounts and transactions by State | 22 |
| Comptroller; post-audits by Auditor General.
The State | 23 |
| Comptroller shall conduct a preaudit of all accounts and
| 24 |
| transactions of the Department in connection with the operation |
|
|
|
HB2055 Engrossed |
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LRB095 01509 AMC 21511 b |
|
| 1 |
| of the State Lottery under the State Comptroller Act, excluding
| 2 |
| payments issued by the Department for prizes of $25,000 or | 3 |
| less.
| 4 |
| The Auditor General or a certified public accountant
firm | 5 |
| appointed by
him shall conduct an annual post-audit of all | 6 |
| accounts and transactions of
the Department in connection with | 7 |
| the operation of the State Lottery and other special post | 8 |
| audits as the Auditor General, the
Legislative Audit | 9 |
| Commission, or the General Assembly deems
necessary. The
annual | 10 |
| post-audits shall include payments made by lottery sales agents | 11 |
| of
prizes of less than $600 authorized under Section 20, and | 12 |
| payments made by
the Department of prizes up to $25,000 | 13 |
| authorized under
Section 20.1. The Auditor General or his agent
| 14 |
| conducting an audit under this
Act shall have access and | 15 |
| authority to examine any and all records of the
Department or | 16 |
| the Board, its distributing agents and its licensees.
| 17 |
| (Source: P.A. 94-776, eff. 5-19-06.)
| 18 |
| (20 ILCS 1605/25) (from Ch. 120, par. 1175)
| 19 |
| Sec. 25. Review under Administrative Review Law.
Any party | 20 |
| adversely affected by a final
order or determination of the
| 21 |
| Board or the Department may obtain judicial review, by filing a
| 22 |
| petition
for review within 35 days after the entry of the order | 23 |
| or other final
action complained of, pursuant to the provisions | 24 |
| of the Administrative Review
Law, as amended and the rules | 25 |
| adopted
pursuant thereto.
|
|
|
|
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LRB095 01509 AMC 21511 b |
|
| 1 |
| (Source: P.A. 82-783.)
| 2 |
| (20 ILCS 1605/26) (from Ch. 120, par. 1176)
| 3 |
| Sec. 26. Severability of invalid provisions or | 4 |
| applications.
If any clause, sentence, paragraph, subdivision, | 5 |
| Section,
provision or other portion of this Act or the | 6 |
| application thereof to any
person or circumstances is held to | 7 |
| be invalid, such holding shall not
affect, impair or invalidate | 8 |
| the remainder of this Act or the application
of such portion | 9 |
| held invalid to any other person or circumstances, but
shall be | 10 |
| confined in its operation to the clause, sentence, paragraph,
| 11 |
| subdivision, provision or other portion thereof directly | 12 |
| involved in such
holding or to the person and circumstances | 13 |
| therein involved.
| 14 |
| (Source: P.A. 78-3rd S.S.-20.)
| 15 |
| (20 ILCS 1605/27) (from Ch. 120, par. 1177)
| 16 |
| Sec. 27. Contracts; investments; proceeds; Deferred | 17 |
| Lottery Prize Winners Trust Fund; disbursements; State Lottery | 18 |
| Fund; Lottery Concession Fund.
| 19 |
| (a) The State Treasurer may, with the consent of the | 20 |
| Director,
contract with any person or corporation, including, | 21 |
| without limitation,
a bank, banking house, trust company or | 22 |
| investment banking firm, to perform
such financial functions, | 23 |
| activities or services in connection with operation
of the | 24 |
| lottery as the State Treasurer and the Director may prescribe.
|
|
|
|
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|
| 1 |
| (b) All proceeds from investments made pursuant to | 2 |
| contracts executed by
the State Treasurer, with the consent of | 3 |
| the Director,
to perform financial functions, activities or | 4 |
| services in connection with
operation of the lottery, shall be | 5 |
| deposited and held by the State Treasurer
as ex-officio | 6 |
| custodian thereof, separate and apart from all
public money or | 7 |
| funds of this State in a special trust fund outside the
State | 8 |
| treasury. Such trust fund shall be known as the "Deferred | 9 |
| Lottery
Prize Winners Trust Fund", and shall be administered by | 10 |
| the Director.
| 11 |
| The Director shall, at such times and in such amounts as | 12 |
| shall be
necessary, prepare and send to the State Comptroller | 13 |
| vouchers requesting
payment from the Deferred Lottery Prize | 14 |
| Winners Trust Fund to deferred
prize winners, in a manner that | 15 |
| will insure the timely
payment of such amounts owed.
| 16 |
| This Act shall constitute an irrevocable appropriation of | 17 |
| all amounts
necessary for that purpose, and the irrevocable and | 18 |
| continuing authority
for and direction to the Director and the | 19 |
| State Treasurer to
make the necessary payments out of such | 20 |
| trust fund for that purpose. In the event that the State shall | 21 |
| enter into a Management and Concession Agreement, this Section | 22 |
| 27(b) shall not apply to any prizes awarded after the closing | 23 |
| date of the Management and Concession Agreement.
| 24 |
| (c) Moneys invested pursuant to subsection (a) of this | 25 |
| Section may be
invested only in bonds, notes, certificates of | 26 |
| indebtedness, treasury
bills, or other securities constituting |
|
|
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| 1 |
| direct obligations of the United
States of America and all | 2 |
| securities or obligations the prompt payment of
principal and | 3 |
| interest of which is guaranteed by a pledge of the full faith
| 4 |
| and credit of the United States of America. Interest earnings | 5 |
| on moneys in
the Deferred Lottery Prize Winners Trust Fund | 6 |
| shall remain in such fund
and be used to pay the winners of | 7 |
| lottery prizes deferred as to payment
until such obligations | 8 |
| are discharged.
Proceeds from bonds purchased and interest | 9 |
| accumulated as a result of a grand
prize multi-state game | 10 |
| ticket that goes unclaimed will be transferred after the
| 11 |
| termination of the relevant claim period directly from the | 12 |
| lottery's Deferred
Lottery Prize Winners Trust Fund to each | 13 |
| respective multi-state partner state
according to its | 14 |
| contribution ratio. All moneys invested pursuant to the terms | 15 |
| of any Management and Concession Agreement into which the State | 16 |
| may enter, shall be subject to the provisions of this | 17 |
| subsection.
| 18 |
| (c-5) If a deferred lottery prize is not claimed within the | 19 |
| claim
period established by game rule, then the securities or | 20 |
| other instruments
purchased to fund the prize shall be | 21 |
| liquidated and the liquidated amount
shall be transferred to | 22 |
| the State Lottery Fund for disposition pursuant to
Section 19 | 23 |
| of
this Act. In the event that the State shall enter into a | 24 |
| Management and Concession Agreement, this Section 27(c-5) | 25 |
| shall not apply to any prizes awarded after the closing date of | 26 |
| the Management and Concession Agreement.
|
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| (c-10) The Director may use a portion of the moneys in the
| 2 |
| Deferred
Lottery Prize Winners Trust Fund to purchase bonds
to | 3 |
| pay a lifetime prize if the prize duration exceeds the length | 4 |
| of available
securities. If the winner of a lifetime prize | 5 |
| exceeds his or her life
expectancy as determined using | 6 |
| actuarial assumptions and the securities or
moneys set aside to | 7 |
| pay the prize have been exhausted, moneys in the State
Lottery | 8 |
| Fund shall be used to make payments to the winner
for the | 9 |
| duration of the winner's life. In the event that the State | 10 |
| shall enter into a Management and Concession Agreement, this | 11 |
| Section 27(c-10) shall not apply to any prizes awarded after | 12 |
| the closing date of the Management and Concession Agreement.
| 13 |
| (c-15) From time to time, the Director may
request that the | 14 |
| State Comptroller transfer any excess moneys in the Deferred
| 15 |
| Lottery Prize Winners Trust Fund to the Lottery Fund. In the | 16 |
| event that the State shall enter into a Management and | 17 |
| Concession Agreement, this Section 27(c-15) shall not apply to | 18 |
| any prizes awarded after the closing date of the Management and | 19 |
| Concession Agreement.
| 20 |
| (c-20) In the event that the State shall enter into a | 21 |
| Management and Concession Agreement pursuant to which a | 22 |
| Concessionaire is authorized to manage or operate the Lottery, | 23 |
| there shall be created a fund to be known as the Lottery | 24 |
| Concession Trust Fund, which shall be a special, | 25 |
| non-appropriated trust fund held outside the State treasury and | 26 |
| separate and apart from all public money and funds of this |
|
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| 1 |
| State. All proceeds from the sale of lottery tickets or shares | 2 |
| and all other revenue from the State's conduct of the Lottery | 3 |
| as authorized under this amendatory Act of the 95th General | 4 |
| Assembly, including lottery revenues a Concessionaire may be | 5 |
| eligible to receive under a Management and Concession | 6 |
| Agreement, shall be paid into the Fund. | 7 |
| The Fund shall begin to receive lottery proceeds and | 8 |
| revenues on the date that a Management and Concession Agreement | 9 |
| first becomes effective, and moneys in the Fund shall not at | 10 |
| any time during the term of such an agreement be appropriated | 11 |
| or diverted to any other use or purpose. The Fund shall be held | 12 |
| by an Illinois trustee designated pursuant to the Concession | 13 |
| and Management Agreement. All interest or other earnings | 14 |
| accruing or received on amounts in the Fund shall be credited | 15 |
| to and retained by the Fund. The Fund shall be held, | 16 |
| administered, invested and disbursed in accordance with the | 17 |
| trust agreement and the Management and Concession Agreement.
| 18 |
| (d) This amendatory Act of 1985 shall be construed | 19 |
| liberally to effect
the purposes of the Illinois Lottery Law.
| 20 |
| (Source: P.A. 89-466, eff. 6-13-96; 90-346, eff. 8-8-97.)
| 21 |
| Section 10. The Illinois Procurement Code is amended by | 22 |
| changing Section 50-70 as follows:
| 23 |
| (30 ILCS 500/50-70)
| 24 |
| Sec. 50-70. Additional provisions. This Code is subject
to |
|
|
|
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| 1 |
| applicable provisions of
the following Acts:
| 2 |
| (1) Article 33E of the Criminal Code of 1961;
| 3 |
| (2) the Illinois Human Rights Act;
| 4 |
| (3) the Discriminatory Club Act;
| 5 |
| (4) the Illinois Governmental Ethics Act;
| 6 |
| (5) the State Prompt Payment Act;
| 7 |
| (6) the Public Officer Prohibited Activities Act; and
| 8 |
| (7) the Drug Free Workplace Act ; and
.
| 9 |
| (8) the Illinois Lottery Law.
| 10 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law. |
|