Full Text of HB1591 102nd General Assembly
HB1591ham003 102ND GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 4/4/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1591
| 2 | | AMENDMENT NO. ______. Amend House Bill 1591 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Lottery Law is amended by | 5 | | changing Sections 2, 9.1, and 20 and by adding Section 21.15 as | 6 | | follows:
| 7 | | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| 8 | | Sec. 2. This Act is enacted to implement and establish | 9 | | within the State
a lottery to be conducted by the State through | 10 | | the Department. The entire net proceeds of the Lottery
are to | 11 | | be used for the support of the State's Common School Fund,
| 12 | | except as provided in subsection (o) of Section 9.1 and | 13 | | Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, | 14 | | and 21.13 , and 21.15 . The General Assembly finds that it is in | 15 | | the public interest for the Department to conduct the | 16 | | functions of the Lottery with the assistance of a private |
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| 1 | | manager under a management agreement overseen by the | 2 | | Department. The Department shall be accountable to the General | 3 | | Assembly and the people of the State through a comprehensive | 4 | | system of regulation, audits, reports, and enduring | 5 | | operational oversight. The Department's ongoing conduct of the | 6 | | Lottery through a management agreement with a private manager | 7 | | shall act to promote and ensure the integrity, security, | 8 | | honesty, and fairness of the Lottery's operation and | 9 | | administration. It is the intent of the General Assembly that | 10 | | the Department shall conduct the Lottery with the assistance | 11 | | of a private manager under a management agreement at all times | 12 | | in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), | 13 | | 1953(b)(4).
| 14 | | Beginning with Fiscal Year 2018 and every year thereafter, | 15 | | any moneys transferred from the State Lottery Fund to the | 16 | | Common School Fund shall be supplemental to, and not in lieu | 17 | | of, any other money due to be transferred to the Common School | 18 | | Fund by law or appropriation. | 19 | | (Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; | 20 | | 102-558, eff. 8-20-21.)
| 21 | | (20 ILCS 1605/9.1) | 22 | | Sec. 9.1. Private manager and management agreement. | 23 | | (a) As used in this Section: | 24 | | "Offeror" means a person or group of persons that responds | 25 | | to a request for qualifications under this Section. |
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| 1 | | "Request for qualifications" means all materials and | 2 | | documents prepared by the Department to solicit the following | 3 | | from offerors: | 4 | | (1) Statements of qualifications. | 5 | | (2) Proposals to enter into a management agreement, | 6 | | including the identity of any prospective vendor or | 7 | | vendors that the offeror intends to initially engage to | 8 | | assist the offeror in performing its obligations under the | 9 | | management agreement. | 10 | | "Final offer" means the last proposal submitted by an | 11 | | offeror in response to the request for qualifications, | 12 | | including the identity of any prospective vendor or vendors | 13 | | that the offeror intends to initially engage to assist the | 14 | | offeror in performing its obligations under the management | 15 | | agreement. | 16 | | "Final offeror" means the offeror ultimately selected by | 17 | | the Governor to be the private manager for the Lottery under | 18 | | subsection (h) of this Section. | 19 | | (b) By September 15, 2010, the Governor shall select a | 20 | | private manager for the total management of the Lottery with | 21 | | integrated functions, such as lottery game design, supply of | 22 | | goods and services, and advertising and as specified in this | 23 | | Section. | 24 | | (c) Pursuant to the terms of this subsection, the | 25 | | Department shall endeavor to expeditiously terminate the | 26 | | existing contracts in support of the Lottery in effect on July |
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| 1 | | 13, 2009 (the effective date of Public Act 96-37) in | 2 | | connection with the selection of the private manager. As part | 3 | | of its obligation to terminate these contracts and select the | 4 | | private manager, the Department shall establish a mutually | 5 | | agreeable timetable to transfer the functions of existing | 6 | | contractors to the private manager so that existing Lottery | 7 | | operations are not materially diminished or impaired during | 8 | | the transition. To that end, the Department shall do the | 9 | | following: | 10 | | (1) where such contracts contain a provision | 11 | | authorizing termination upon notice, the Department shall | 12 | | provide notice of termination to occur upon the mutually | 13 | | agreed timetable for transfer of functions; | 14 | | (2) upon the expiration of any initial term or renewal | 15 | | term of the current Lottery contracts, the Department | 16 | | shall not renew such contract for a term extending beyond | 17 | | the mutually agreed timetable for transfer of functions; | 18 | | or | 19 | | (3) in the event any current contract provides for | 20 | | termination of that contract upon the implementation of a | 21 | | contract with the private manager, the Department shall | 22 | | perform all necessary actions to terminate the contract on | 23 | | the date that coincides with the mutually agreed timetable | 24 | | for transfer of functions. | 25 | | If the contracts to support the current operation of the | 26 | | Lottery in effect on July 13, 2009 (the effective date of |
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| 1 | | Public Act 96-34) are not subject to termination as provided | 2 | | for in this subsection (c), then the Department may include a | 3 | | provision in the contract with the private manager specifying | 4 | | a mutually agreeable methodology for incorporation. | 5 | | (c-5) The Department shall include provisions in the | 6 | | management agreement whereby the private manager shall, for a | 7 | | fee, and pursuant to a contract negotiated with the Department | 8 | | (the "Employee Use Contract"), utilize the services of current | 9 | | Department employees to assist in the administration and | 10 | | operation of the Lottery. The Department shall be the employer | 11 | | of all such bargaining unit employees assigned to perform such | 12 | | work for the private manager, and such employees shall be | 13 | | State employees, as defined by the Personnel Code. Department | 14 | | employees shall operate under the same employment policies, | 15 | | rules, regulations, and procedures, as other employees of the | 16 | | Department. In addition, neither historical representation | 17 | | rights under the Illinois Public Labor Relations Act, nor | 18 | | existing collective bargaining agreements, shall be disturbed | 19 | | by the management agreement with the private manager for the | 20 | | management of the Lottery. | 21 | | (d) The management agreement with the private manager | 22 | | shall include all of the following: | 23 | | (1) A term not to exceed 10 years, including any | 24 | | renewals. | 25 | | (2) A provision specifying that the Department: | 26 | | (A) shall exercise actual control over all |
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| 1 | | significant business decisions; | 2 | | (A-5) has the authority to direct or countermand | 3 | | operating decisions by the private manager at any | 4 | | time; | 5 | | (B) has ready access at any time to information | 6 | | regarding Lottery operations; | 7 | | (C) has the right to demand and receive | 8 | | information from the private manager concerning any | 9 | | aspect of the Lottery operations at any time; and | 10 | | (D) retains ownership of all trade names, | 11 | | trademarks, and intellectual property associated with | 12 | | the Lottery. | 13 | | (3) A provision imposing an affirmative duty on the | 14 | | private manager to provide the Department with material | 15 | | information and with any information the private manager | 16 | | reasonably believes the Department would want to know to | 17 | | enable the Department to conduct the Lottery. | 18 | | (4) A provision requiring the private manager to | 19 | | provide the Department with advance notice of any | 20 | | operating decision that bears significantly on the public | 21 | | interest, including, but not limited to, decisions on the | 22 | | kinds of games to be offered to the public and decisions | 23 | | affecting the relative risk and reward of the games being | 24 | | offered, so the Department has a reasonable opportunity to | 25 | | evaluate and countermand that decision. | 26 | | (5) A provision providing for compensation of the |
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| 1 | | private manager that may consist of, among other things, a | 2 | | fee for services and a performance based bonus as | 3 | | consideration for managing the Lottery, including terms | 4 | | that may provide the private manager with an increase in | 5 | | compensation if Lottery revenues grow by a specified | 6 | | percentage in a given year. | 7 | | (6) (Blank). | 8 | | (7) A provision requiring the deposit of all Lottery | 9 | | proceeds to be deposited into the State Lottery Fund | 10 | | except as otherwise provided in Section 20 of this Act. | 11 | | (8) A provision requiring the private manager to | 12 | | locate its principal office within the State. | 13 | | (8-5) A provision encouraging that at least 20% of the | 14 | | cost of contracts entered into for goods and services by | 15 | | the private manager in connection with its management of | 16 | | the Lottery, other than contracts with sales agents or | 17 | | technical advisors, be awarded to businesses that are a | 18 | | minority-owned business, a women-owned business, or a | 19 | | business owned by a person with disability, as those terms | 20 | | are defined in the Business Enterprise for Minorities, | 21 | | Women, and Persons with Disabilities Act. | 22 | | (9) A requirement that so long as the private manager | 23 | | complies with all the conditions of the agreement under | 24 | | the oversight of the Department, the private manager shall | 25 | | have the following duties and obligations with respect to | 26 | | the management of the Lottery: |
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| 1 | | (A) The right to use equipment and other assets | 2 | | used in the operation of the Lottery. | 3 | | (B) The rights and obligations under contracts | 4 | | with retailers and vendors. | 5 | | (C) The implementation of a comprehensive security | 6 | | program by the private manager. | 7 | | (D) The implementation of a comprehensive system | 8 | | of internal audits. | 9 | | (E) The implementation of a program by the private | 10 | | manager to curb compulsive gambling by persons playing | 11 | | the Lottery. | 12 | | (F) A system for determining (i) the type of | 13 | | Lottery games, (ii) the method of selecting winning | 14 | | tickets, (iii) the manner of payment of prizes to | 15 | | holders of winning tickets, (iv) the frequency of | 16 | | drawings of winning tickets, (v) the method to be used | 17 | | in selling tickets, (vi) a system for verifying the | 18 | | validity of tickets claimed to be winning tickets, | 19 | | (vii) the basis upon which retailer commissions are | 20 | | established by the manager, and (viii) minimum | 21 | | payouts. | 22 | | (10) A requirement that advertising and promotion must | 23 | | be consistent with Section 7.8a of this Act. | 24 | | (11) A requirement that the private manager market the | 25 | | Lottery to those residents who are new, infrequent, or | 26 | | lapsed players of the Lottery, especially those who are |
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| 1 | | most likely to make regular purchases on the Internet as | 2 | | permitted by law. | 3 | | (12) A code of ethics for the private manager's | 4 | | officers and employees. | 5 | | (13) A requirement that the Department monitor and | 6 | | oversee the private manager's practices and take action | 7 | | that the Department considers appropriate to ensure that | 8 | | the private manager is in compliance with the terms of the | 9 | | management agreement, while allowing the manager, unless | 10 | | specifically prohibited by law or the management | 11 | | agreement, to negotiate and sign its own contracts with | 12 | | vendors. | 13 | | (14) A provision requiring the private manager to | 14 | | periodically file, at least on an annual basis, | 15 | | appropriate financial statements in a form and manner | 16 | | acceptable to the Department. | 17 | | (15) Cash reserves requirements. | 18 | | (16) Procedural requirements for obtaining the prior | 19 | | approval of the Department when a management agreement or | 20 | | an interest in a management agreement is sold, assigned, | 21 | | transferred, or pledged as collateral to secure financing. | 22 | | (17) Grounds for the termination of the management | 23 | | agreement by the Department or the private manager. | 24 | | (18) Procedures for amendment of the agreement. | 25 | | (19) A provision requiring the private manager to | 26 | | engage in an open and competitive bidding process for any |
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| 1 | | procurement having a cost in excess of $50,000 that is not | 2 | | a part of the private manager's final offer. The process | 3 | | shall favor the selection of a vendor deemed to have | 4 | | submitted a proposal that provides the Lottery with the | 5 | | best overall value. The process shall not be subject to | 6 | | the provisions of the Illinois Procurement Code, unless | 7 | | specifically required by the management agreement. | 8 | | (20) The transition of rights and obligations, | 9 | | including any associated equipment or other assets used in | 10 | | the operation of the Lottery, from the manager to any | 11 | | successor manager of the lottery, including the | 12 | | Department, following the termination of or foreclosure | 13 | | upon the management agreement. | 14 | | (21) Right of use of copyrights, trademarks, and | 15 | | service marks held by the Department in the name of the | 16 | | State. The agreement must provide that any use of them by | 17 | | the manager shall only be for the purpose of fulfilling | 18 | | its obligations under the management agreement during the | 19 | | term of the agreement. | 20 | | (22) The disclosure of any information requested by | 21 | | the Department to enable it to comply with the reporting | 22 | | requirements and information requests provided for under | 23 | | subsection (p) of this Section. | 24 | | (e) Notwithstanding any other law to the contrary, the | 25 | | Department shall select a private manager through a | 26 | | competitive request for qualifications process consistent with |
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| 1 | | Section 20-35 of the Illinois Procurement Code, which shall | 2 | | take into account: | 3 | | (1) the offeror's ability to market the Lottery to | 4 | | those residents who are new, infrequent, or lapsed players | 5 | | of the Lottery, especially those who are most likely to | 6 | | make regular purchases on the Internet; | 7 | | (2) the offeror's ability to address the State's | 8 | | concern with the social effects of gambling on those who | 9 | | can least afford to do so; | 10 | | (3) the offeror's ability to provide the most | 11 | | successful management of the Lottery for the benefit of | 12 | | the people of the State based on current and past business | 13 | | practices or plans of the offeror; and | 14 | | (4) the offeror's poor or inadequate past performance | 15 | | in servicing, equipping, operating or managing a lottery | 16 | | on behalf of Illinois, another state State or foreign | 17 | | government and attracting persons who are not currently | 18 | | regular players of a lottery. | 19 | | (f) The Department may retain the services of an advisor | 20 | | or advisors with significant experience in financial services | 21 | | or the management, operation, and procurement of goods, | 22 | | services, and equipment for a government-run lottery to assist | 23 | | in the preparation of the terms of the request for | 24 | | qualifications and selection of the private manager. Any | 25 | | prospective advisor seeking to provide services under this | 26 | | subsection (f) shall disclose any material business or |
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| 1 | | financial relationship during the past 3 years with any | 2 | | potential offeror, or with a contractor or subcontractor | 3 | | presently providing goods, services, or equipment to the | 4 | | Department to support the Lottery. The Department shall | 5 | | evaluate the material business or financial relationship of | 6 | | each prospective advisor. The Department shall not select any | 7 | | prospective advisor with a substantial business or financial | 8 | | relationship that the Department deems to impair the | 9 | | objectivity of the services to be provided by the prospective | 10 | | advisor. During the course of the advisor's engagement by the | 11 | | Department, and for a period of one year thereafter, the | 12 | | advisor shall not enter into any business or financial | 13 | | relationship with any offeror or any vendor identified to | 14 | | assist an offeror in performing its obligations under the | 15 | | management agreement. Any advisor retained by the Department | 16 | | shall be disqualified from being an offeror.
The Department | 17 | | shall not include terms in the request for qualifications that | 18 | | provide a material advantage whether directly or indirectly to | 19 | | any potential offeror, or any contractor or subcontractor | 20 | | presently providing goods, services, or equipment to the | 21 | | Department to support the Lottery, including terms contained | 22 | | in previous responses to requests for proposals or | 23 | | qualifications submitted to Illinois, another state State or | 24 | | foreign government when those terms are uniquely associated | 25 | | with a particular potential offeror, contractor, or | 26 | | subcontractor. The request for proposals offered by the |
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| 1 | | Department on December 22, 2008 as "LOT08GAMESYS" and | 2 | | reference number "22016176" is declared void. | 3 | | (g) The Department shall select at least 2 offerors as | 4 | | finalists to potentially serve as the private manager no later | 5 | | than August 9, 2010. Upon making preliminary selections, the | 6 | | Department shall schedule a public hearing on the finalists' | 7 | | proposals and provide public notice of the hearing at least 7 | 8 | | calendar days before the hearing. The notice must include all | 9 | | of the following: | 10 | | (1) The date, time, and place of the hearing. | 11 | | (2) The subject matter of the hearing. | 12 | | (3) A brief description of the management agreement to | 13 | | be awarded. | 14 | | (4) The identity of the offerors that have been | 15 | | selected as finalists to serve as the private manager. | 16 | | (5) The address and telephone number of the | 17 | | Department. | 18 | | (h) At the public hearing, the Department shall (i) | 19 | | provide sufficient time for each finalist to present and | 20 | | explain its proposal to the Department and the Governor or the | 21 | | Governor's designee, including an opportunity to respond to | 22 | | questions posed by the Department, Governor, or designee and | 23 | | (ii) allow the public and non-selected offerors to comment on | 24 | | the presentations. The Governor or a designee shall attend the | 25 | | public hearing. After the public hearing, the Department shall | 26 | | have 14 calendar days to recommend to the Governor whether a |
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| 1 | | management agreement should be entered into with a particular | 2 | | finalist. After reviewing the Department's recommendation, the | 3 | | Governor may accept or reject the Department's recommendation, | 4 | | and shall select a final offeror as the private manager by | 5 | | publication of a notice in the Illinois Procurement Bulletin | 6 | | on or before September 15, 2010. The Governor shall include in | 7 | | the notice a detailed explanation and the reasons why the | 8 | | final offeror is superior to other offerors and will provide | 9 | | management services in a manner that best achieves the | 10 | | objectives of this Section. The Governor shall also sign the | 11 | | management agreement with the private manager. | 12 | | (i) Any action to contest the private manager selected by | 13 | | the Governor under this Section must be brought within 7 | 14 | | calendar days after the publication of the notice of the | 15 | | designation of the private manager as provided in subsection | 16 | | (h) of this Section. | 17 | | (j) The Lottery shall remain, for so long as a private | 18 | | manager manages the Lottery in accordance with provisions of | 19 | | this Act, a Lottery conducted by the State, and the State shall | 20 | | not be authorized to sell or transfer the Lottery to a third | 21 | | party. | 22 | | (k) Any tangible personal property used exclusively in | 23 | | connection with the lottery that is owned by the Department | 24 | | and leased to the private manager shall be owned by the | 25 | | Department in the name of the State and shall be considered to | 26 | | be public property devoted to an essential public and |
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| 1 | | governmental function. | 2 | | (l) The Department may exercise any of its powers under | 3 | | this Section or any other law as necessary or desirable for the | 4 | | execution of the Department's powers under this Section. | 5 | | (m) Neither this Section nor any management agreement | 6 | | entered into under this Section prohibits the General Assembly | 7 | | from authorizing forms of gambling that are not in direct | 8 | | competition with the Lottery. The forms of gambling authorized | 9 | | by Public Act 101-31 constitute authorized forms of gambling | 10 | | that are not in direct competition with the Lottery. | 11 | | (n) The private manager shall be subject to a complete | 12 | | investigation in the third, seventh, and tenth years of the | 13 | | agreement (if the agreement is for a 10-year term) by the | 14 | | Department in cooperation with the Auditor General to | 15 | | determine whether the private manager has complied with this | 16 | | Section and the management agreement. The private manager | 17 | | shall bear the cost of an investigation or reinvestigation of | 18 | | the private manager under this subsection. | 19 | | (o) The powers conferred by this Section are in addition | 20 | | and supplemental to the powers conferred by any other law. If | 21 | | any other law or rule is inconsistent with this Section, | 22 | | including, but not limited to, provisions of the Illinois | 23 | | Procurement Code, then this Section controls as to any | 24 | | management agreement entered into under this Section. This | 25 | | Section and any rules adopted under this Section contain full | 26 | | and complete authority for a management agreement between the |
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| 1 | | Department and a private manager. No law, procedure, | 2 | | proceeding, publication, notice, consent, approval, order, or | 3 | | act by the Department or any other officer, Department, | 4 | | agency, or instrumentality of the State or any political | 5 | | subdivision is required for the Department to enter into a | 6 | | management agreement under this Section. This Section contains | 7 | | full and complete authority for the Department to approve any | 8 | | contracts entered into by a private manager with a vendor | 9 | | providing goods, services, or both goods and services to the | 10 | | private manager under the terms of the management agreement, | 11 | | including subcontractors of such vendors. | 12 | | Upon receipt of a written request from the Chief | 13 | | Procurement Officer, the Department shall provide to the Chief | 14 | | Procurement Officer a complete and unredacted un-redacted copy | 15 | | of the management agreement or any contract that is subject to | 16 | | the Department's approval authority under this subsection (o). | 17 | | The Department shall provide a copy of the agreement or | 18 | | contract to the Chief Procurement Officer in the time | 19 | | specified by the Chief Procurement Officer in his or her | 20 | | written request, but no later than 5 business days after the | 21 | | request is received by the Department. The Chief Procurement | 22 | | Officer must retain any portions of the management agreement | 23 | | or of any contract designated by the Department as | 24 | | confidential, proprietary, or trade secret information in | 25 | | complete confidence pursuant to subsection (g) of Section 7 of | 26 | | the Freedom of Information Act. The Department shall also |
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| 1 | | provide the Chief Procurement Officer with reasonable advance | 2 | | written notice of any contract that is pending Department | 3 | | approval. | 4 | | Notwithstanding any other provision of this Section to the | 5 | | contrary, the Chief Procurement Officer shall adopt | 6 | | administrative rules, including emergency rules, to establish | 7 | | a procurement process to select a successor private manager if | 8 | | a private management agreement has been terminated. The | 9 | | selection process shall at a minimum take into account the | 10 | | criteria set forth in items (1) through (4) of subsection (e) | 11 | | of this Section and may include provisions consistent with | 12 | | subsections (f), (g), (h), and (i) of this Section. The Chief | 13 | | Procurement Officer shall also implement and administer the | 14 | | adopted selection process upon the termination of a private | 15 | | management agreement. The Department, after the Chief | 16 | | Procurement Officer certifies that the procurement process has | 17 | | been followed in accordance with the rules adopted under this | 18 | | subsection (o), shall select a final offeror as the private | 19 | | manager and sign the management agreement with the private | 20 | | manager. | 21 | | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, | 22 | | 21.9, 21.10, 21.11, 21.12, and 21.13 , and 21.15 , the | 23 | | Department shall distribute all proceeds of lottery tickets | 24 | | and shares sold in the following priority and manner: | 25 | | (1) The payment of prizes and retailer bonuses. | 26 | | (2) The payment of costs incurred in the operation and |
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| 1 | | administration of the Lottery, including the payment of | 2 | | sums due to the private manager under the management | 3 | | agreement with the Department. | 4 | | (3) On the last day of each month or as soon thereafter | 5 | | as possible, the State Comptroller shall direct and the | 6 | | State Treasurer shall transfer from the State Lottery Fund | 7 | | to the Common School Fund an amount that is equal to the | 8 | | proceeds transferred in the corresponding month of fiscal | 9 | | year 2009, as adjusted for inflation, to the Common School | 10 | | Fund. | 11 | | (4) On or before September 30 of each fiscal year, | 12 | | deposit any estimated remaining proceeds from the prior | 13 | | fiscal year, subject to payments under items (1), (2), and | 14 | | (3), into the Capital Projects Fund. Beginning in fiscal | 15 | | year 2019, the amount deposited shall be increased or | 16 | | decreased each year by the amount the estimated payment | 17 | | differs from the amount determined from each year-end | 18 | | financial audit. Only remaining net deficits from prior | 19 | | fiscal years may reduce the requirement to deposit these | 20 | | funds, as determined by the annual financial audit. | 21 | | (p) The Department shall be subject to the following | 22 | | reporting and information request requirements: | 23 | | (1) the Department shall submit written quarterly | 24 | | reports to the Governor and the General Assembly on the | 25 | | activities and actions of the private manager selected | 26 | | under this Section; |
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| 1 | | (2) upon request of the Chief Procurement Officer, the | 2 | | Department shall promptly produce information related to | 3 | | the procurement activities of the Department and the | 4 | | private manager requested by the Chief Procurement | 5 | | Officer; the Chief Procurement Officer must retain | 6 | | confidential, proprietary, or trade secret information | 7 | | designated by the Department in complete confidence | 8 | | pursuant to subsection (g) of Section 7 of the Freedom of | 9 | | Information Act; and | 10 | | (3) at least 30 days prior to the beginning of the | 11 | | Department's fiscal year, the Department shall prepare an | 12 | | annual written report on the activities of the private | 13 | | manager selected under this Section and deliver that | 14 | | report to the Governor and General Assembly. | 15 | | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; | 16 | | 101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
| 17 | | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| 18 | | Sec. 20. State Lottery Fund.
| 19 | | (a) There is created in the State Treasury a special fund | 20 | | to be
known as the State Lottery Fund. Such fund shall consist | 21 | | of all revenues
received from (1) the sale of lottery tickets | 22 | | or shares, (net of
commissions, fees
representing those | 23 | | expenses that are directly proportionate to the
sale of | 24 | | tickets or shares at the agent location, and prizes of less
| 25 | | than
$600 which
have been validly paid at the agent
level), (2) |
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| 1 | | application fees,
and (3) all other sources including moneys | 2 | | credited or transferred thereto
from
any other fund
or source | 3 | | pursuant to law. Interest earnings of the State Lottery Fund
| 4 | | shall be credited to the Common School Fund.
| 5 | | (b) The receipt and distribution of moneys under Section | 6 | | 21.5 of this Act shall be in accordance with Section 21.5.
| 7 | | (c) The receipt and distribution of moneys under Section | 8 | | 21.6 of this Act shall be in accordance with Section 21.6. | 9 | | (d) The receipt and distribution of moneys under Section | 10 | | 21.7 of this Act shall be in accordance with Section 21.7.
| 11 | | (e)
The receipt and distribution of moneys under Section | 12 | | 21.8
of this Act shall be in accordance with Section 21.8.
| 13 | | (f) The receipt and distribution of moneys under Section | 14 | | 21.9 of this Act shall be in accordance with Section 21.9. | 15 | | (g) The receipt and distribution of moneys under Section | 16 | | 21.10 of this Act shall be in accordance with Section 21.10. | 17 | | (h) The receipt and distribution of moneys under Section | 18 | | 21.11 of this Act shall be in accordance with Section 21.11. | 19 | | (i) The receipt and distribution of moneys under Section | 20 | | 21.12 of this Act shall be in accordance with Section 21.12. | 21 | | (j) The receipt and distribution of moneys under Section | 22 | | 21.13 of this Act shall be in accordance with Section 21.13. | 23 | | (k) The receipt and distribution of moneys under Section | 24 | | 25-70 of the Sports Wagering Act shall be in accordance with | 25 | | Section 25-70 of the Sports Wagering Act. | 26 | | (l) The receipt and distribution of moneys under Section |
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| 1 | | 21.15 of this Act shall be in accordance with Section 21.15. | 2 | | (Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; | 3 | | 102-16, eff. 6-17-21.)
| 4 | | (20 ILCS 1605/21.15 new) | 5 | | Sec. 21.15. Illinois DREAM scratch-off. | 6 | | (a) The Department shall offer a special Illinois DREAM | 7 | | instant scratch-off game for the benefit of the Illinois DREAM | 8 | | Fund Commission. The net revenue from the Illinois DREAM | 9 | | scratch-off game shall be deposited into the Illinois DREAM | 10 | | Fund, a special fund that is created in the State treasury. | 11 | | Subject to appropriation, money in the Illinois DREAM Fund | 12 | | shall be used to assist in funding scholarships and other | 13 | | statutory responsibilities of the Illinois DREAM Fund | 14 | | Commission. The game shall commence on January 1, 2023 or as | 15 | | soon thereafter as is reasonably practical. The Department | 16 | | shall consult with the Illinois DREAM Fund Commission | 17 | | established under Section 67 of the Higher Education Student | 18 | | Assistance Act regarding the design and promotion of the game. | 19 | | (b) The operation of any games under this Section shall be | 20 | | governed by this Act, and any rules shall be adopted by the | 21 | | Department. If any provision of this Section is inconsistent | 22 | | with any other provision of this Act, then this Section | 23 | | governs. | 24 | | (c) For purposes of this Section, "net revenue" means the | 25 | | total amount for which tickets have been sold less the sum of |
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| 1 | | the amount paid out in prizes and the actual administrative | 2 | | expenses of the Department solely related to the Illinois | 3 | | DREAM scratch-off game. | 4 | | (d) During the time that tickets are sold for the Illinois | 5 | | DREAM scratch-off game, the Department shall not unreasonably | 6 | | diminish the efforts devoted to marketing any other instant | 7 | | scratch-off lottery game. | 8 | | (e) The Department may adopt any rules necessary to | 9 | | implement and administer this Section in consultation with the | 10 | | Illinois DREAM Fund Commission. | 11 | | Section 10. The State Finance Act is amended by adding | 12 | | Section 5.970 as follows: | 13 | | (30 ILCS 105/5.970 new) | 14 | | Sec. 5.970. The Illinois DREAM Fund. | 15 | | Section 15. The Higher Education Student Assistance Act is | 16 | | amended by changing Section 67 as follows: | 17 | | (110 ILCS 947/67) | 18 | | Sec. 67. Illinois DREAM Fund Commission. | 19 | | (a) The Illinois Student Assistance Commission shall | 20 | | establish an Illinois DREAM Fund Commission. The Governor | 21 | | shall appoint, with the advice and consent of the Senate, | 22 | | members to the Illinois DREAM Fund Commission, which shall be |
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| 1 | | comprised of 9 members representing the geographic and ethnic | 2 | | diversity of this State, including students, college and | 3 | | university administrators and faculty, and other individuals | 4 | | committed to advancing the educational opportunities of the | 5 | | children of immigrants. | 6 | | (b) The Illinois DREAM Fund Commission is charged with all | 7 | | of the following responsibilities: | 8 | | (1) Administering this Section and raising funds for | 9 | | the Illinois DREAM Fund. | 10 | | (2) Establishing a not-for-profit entity charged with | 11 | | raising funds for the administration of this Section, any | 12 | | educational or training programs the Commission is tasked | 13 | | with administering, and funding scholarships to students | 14 | | who are the children of immigrants to the United States. | 15 | | (3) Publicizing the availability of scholarships from | 16 | | the Illinois DREAM Fund. | 17 | | (4) Selecting the recipients of scholarships funded | 18 | | through the Illinois DREAM Fund. | 19 | | (5) Researching issues pertaining to the availability | 20 | | of assistance with the costs of higher education for the | 21 | | children of immigrants and other issues regarding access | 22 | | for and the performance of the children of immigrants | 23 | | within higher education. | 24 | | (6) Overseeing implementation of the other provisions | 25 | | of this amendatory Act of the 97th General Assembly. | 26 | | (7) Establishing and administering training programs |
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| 1 | | for high school counselors and counselors, admissions | 2 | | officers, and financial aid officers of public | 3 | | institutions of higher education. The training programs | 4 | | shall instruct participants on the educational | 5 | | opportunities available to college-bound students who are | 6 | | the children of immigrants, including, but not limited to, | 7 | | in-state tuition and scholarship programs. The Illinois | 8 | | DREAM Fund Commission may also establish a public | 9 | | awareness campaign regarding educational opportunities | 10 | | available to college bound students who are the children | 11 | | of immigrants. | 12 | | The Illinois DREAM Fund Commission shall establish, by | 13 | | rule, procedures for accepting and evaluating applications for | 14 | | scholarships from the children of immigrants and issuing | 15 | | scholarships to selected student applicants. | 16 | | (c) To receive a scholarship under this Section, a student | 17 | | must meet all of the following qualifications: | 18 | | (1) Have resided with his or her parents or guardian | 19 | | while attending a public or private high school in this | 20 | | State. | 21 | | (2) Have graduated from a public or private high | 22 | | school or received the equivalent of a high school diploma | 23 | | in this State. | 24 | | (3) Have attended school in this State for at least 3 | 25 | | years as of the date he or she graduated from high school | 26 | | or received the equivalent of a high school diploma. |
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| 1 | | (4) Have at least one parent who immigrated to the | 2 | | United States. | 3 | | (d) The Illinois Student Assistance Commission shall | 4 | | establish an Illinois DREAM Fund to provide scholarships under | 5 | | this Section. The Illinois DREAM Fund shall be funded entirely | 6 | | from private contributions and proceeds from the scratch-off | 7 | | created in Section 21.15 of the Illinois Lottery Law .
| 8 | | (Source: P.A. 97-233, eff. 8-1-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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