Full Text of SB0270 097th General Assembly
SB0270enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 5-20 and 5-175 as follows:
| 6 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 7 | | Sec. 5-20. Heads of departments. Each department shall have | 8 | | an
officer as its head who shall
be known as director or | 9 | | secretary and who shall, subject to the
provisions of the Civil | 10 | | Administrative Code of Illinois,
execute the powers and | 11 | | discharge the duties
vested by law in his or her respective | 12 | | department.
| 13 | | The following officers are hereby created:
| 14 | | Director of Aging, for the Department on Aging.
| 15 | | Director of Agriculture, for the Department of | 16 | | Agriculture.
| 17 | | Director of Central Management Services, for the | 18 | | Department of Central
Management Services.
| 19 | | Director of Children and Family Services, for the | 20 | | Department of Children and
Family Services.
| 21 | | Director of Commerce and Economic Opportunity, for
the | 22 | | Department of Commerce
and Economic Opportunity.
| 23 | | Director of Corrections, for the Department of |
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| 1 | | Corrections.
| 2 | | Director of the Illinois Emergency Management Agency, for | 3 | | the Illinois Emergency Management Agency.
| 4 | | Director of Employment Security, for the Department of | 5 | | Employment Security.
| 6 | | Secretary of Financial and Professional Regulation, for | 7 | | the Department of Financial and Professional Regulation.
| 8 | | Director of Healthcare and Family Services, for the | 9 | | Department of Healthcare and Family Services.
| 10 | | Director of Human Rights, for the Department of Human | 11 | | Rights.
| 12 | | Secretary of Human Services, for the Department of Human | 13 | | Services.
| 14 | | Director of the Illinois Power Agency, for the Illinois | 15 | | Power Agency.
| 16 | | Director of Juvenile Justice, for the Department of | 17 | | Juvenile Justice.
| 18 | | Director of Labor, for the Department of Labor.
| 19 | | Director of the Lottery, for the Department of the Lottery.
| 20 | | Director of Natural Resources, for the Department of | 21 | | Natural Resources.
| 22 | | Director of Public Health, for the Department of Public | 23 | | Health.
| 24 | | Director of Revenue, for the Department of Revenue.
| 25 | | Director of State Police, for the Department of State | 26 | | Police.
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| 1 | | Secretary of Transportation, for the Department of | 2 | | Transportation.
| 3 | | Director of Veterans' Affairs, for the Department of | 4 | | Veterans' Affairs.
| 5 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 6 | | 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
| 7 | | (20 ILCS 5/5-175) (was 20 ILCS 5/5.12)
| 8 | | Sec. 5-175. In the Department of Revenue. Assistant | 9 | | Director of
Revenue ;
and State Lottery Superintendent .
| 10 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 11 | | Section 10. The Illinois Lottery Law is amended by changing | 12 | | Sections 3, 4, 5, 6, 7.1, 7.6, 7.11, 7.12, 9, 9.1, 10, 10.1, | 13 | | 10.1a, 10.2, 10.6, 10.7, 10.8, 12, 13, 14, 14.3, 19, 20.1, 21, | 14 | | 21.5, 21.6, 21.7, 21.8, 26, and 27 and by adding Section 29 as | 15 | | follows: | 16 | | (20 ILCS 1605/3) (from Ch. 120, par. 1153) | 17 | | Sec. 3. For the purposes of this Act: | 18 | | a. "Lottery" or "State Lottery" means the lottery or | 19 | | lotteries
established and operated pursuant to this Act. | 20 | | b. "Board" means the Lottery Control Board created by this | 21 | | Act. | 22 | | c. "Department" means the Department of the Lottery | 23 | | Revenue . |
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| 1 | | d. (Blank). "Director" means the Director of Revenue. | 2 | | e. "Chairman" means the Chairman of the Lottery Control | 3 | | Board. | 4 | | f. "Multi-state game directors" means such persons, | 5 | | including the
Superintendent, as may be designated by an
| 6 | | agreement between the Department Division and one or more | 7 | | additional
lotteries operated under the laws of another state | 8 | | or states. | 9 | | g. (Blank). "Division" means the Division of the State | 10 | | Lottery of the Department of Revenue.
| 11 | | h. "Superintendent" means the Superintendent of the | 12 | | Department Division of the State Lottery of the Department of | 13 | | Revenue .
| 14 | | i. "Management agreement" means an agreement or contract | 15 | | between the Department on behalf of the State with a private | 16 | | manager, as an independent contractor, whereby the private | 17 | | manager provides management services to the Lottery in exchange | 18 | | for compensation that may consist of, among other things, a fee | 19 | | for services and a performance-based bonus of no more than 5% | 20 | | of Lottery profits so long as the Department continues to | 21 | | exercise actual control over all significant business | 22 | | decisions made by the private manager as set forth in Section | 23 | | 9.1. | 24 | | j. "Person" means any individual, firm, association, joint | 25 | | venture, partnership, estate, trust, syndicate, fiduciary, | 26 | | corporation, or other legal entity, group, or combination. |
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| 1 | | k. "Private manager" means a person that provides | 2 | | management services to the Lottery on behalf of the Department | 3 | | under a management agreement. | 4 | | l. "Profits" means total revenues accruing from the sale of | 5 | | lottery tickets or shares and related proceeds minus (1) the | 6 | | payment of prizes and retailer bonuses and (2) the payment of | 7 | | costs incurred in the operation and administration of the | 8 | | lottery, excluding costs of services directly rendered by a | 9 | | private manager. | 10 | | m. "Chief Procurement Officer" means the Chief Procurement | 11 | | Officer provided for under paragraph (4) of subsection (a) of | 12 | | Section 10-20 of the Illinois Procurement Code. | 13 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | 14 | | eff. 12-23-09.)
| 15 | | (20 ILCS 1605/4) (from Ch. 120, par. 1154)
| 16 | | Sec. 4. The Department of the Lottery is
established to | 17 | | implement and regulate the State Lottery in the manner
provided | 18 | | in this Act. | 19 | | In accordance with Executive Order No. 9 (2003), the | 20 | | Division of the State Lottery is established within the | 21 | | Department of Revenue. Unless otherwise provided by law, the | 22 | | Division of the State Lottery shall be subject to and governed | 23 | | by all of the laws and rules applicable to the Department.
| 24 | | (Source: P.A. 94-776, eff. 5-19-06.)
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| 1 | | (20 ILCS 1605/5) (from Ch. 120, par. 1155)
| 2 | | Sec. 5. (a) The Department Division shall be under
the | 3 | | supervision and direction
of a Superintendent, who
shall be a | 4 | | person qualified by
training and experience to perform the | 5 | | duties required by this Act. The
Superintendent shall be | 6 | | appointed by the Governor, by and with the advice
and consent | 7 | | of the Senate. The term of office of the Superintendent shall
| 8 | | expire on the third Monday of January in odd numbered years | 9 | | provided that
he or she shall hold office until a successor is | 10 | | appointed and qualified. The annual salary of the | 11 | | Superintendent is $142,000.
| 12 | | Any vacancy occurring in the office of the Superintendent | 13 | | shall be
filled in the same manner as the original appointment. | 14 | | In case of a vacancy during the recess of the Senate, the | 15 | | Governor shall make a temporary appointment until the next | 16 | | meeting of the Senate, when the Governor shall nominate some | 17 | | person to fill the office, and any person so nominated who is | 18 | | confirmed by the Senate shall hold office during the remainder | 19 | | of the term and until his or her successor is appointed and | 20 | | qualified.
| 21 | | During the absence or inability to act of the | 22 | | Superintendent, or in the case of a vacancy in the office of | 23 | | Superintendent until a successor is appointed and qualified, | 24 | | the Governor may designate some person as Acting Superintendent | 25 | | of the Lottery to execute the powers and discharge the duties | 26 | | vested by law in that office. A person who is designated as an |
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| 1 | | Acting Superintendent shall not continue in office for more | 2 | | than 60 calendar days unless the Governor files a message with | 3 | | the Secretary of the Senate nominating that person to fill the | 4 | | office. After 60 calendar days, the office is considered vacant | 5 | | and shall be filled only under this Section. No person who has | 6 | | been appointed by the Governor to serve as Acting | 7 | | Superintendent shall, except at the Senate's request, be | 8 | | designated again as an Acting Superintendent at the same | 9 | | session of that Senate, subject to the provisions of this | 10 | | Section. A person appointed as an Acting Superintendent is not | 11 | | required to meet the requirements of paragraph (1) of | 12 | | subsection (b) of this Section. In no case may the Governor | 13 | | designate a person to serve as Acting Superintendent if that | 14 | | person has prior to the effective date of this amendatory Act | 15 | | of the 97th General Assembly exercised any of the duties and | 16 | | functions of the office of Superintendent without having been | 17 | | nominated by the Governor to serve as Superintendent. | 18 | | (b) The Superintendent shall devote his or her entire time | 19 | | and attention to the
duties of the office and shall not be | 20 | | engaged in any other profession or
occupation. The | 21 | | Superintendent shall receive such salary as shall be provided | 22 | | by law.
| 23 | | The Superintendent shall: | 24 | | (1) be qualified by training and experience to direct a | 25 | | lottery, including, at a minimum, 5 years of senior | 26 | | executive-level experience in the successful advertising, |
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| 1 | | marketing, and selling of consumer products, 4 years of | 2 | | successful experience directing a lottery on behalf of a | 3 | | governmental entity, or 5 years of successful senior-level | 4 | | management experience at a lottery on behalf of a | 5 | | governmental entity; | 6 | | (2) have significant and meaningful management and | 7 | | regulatory experience; and | 8 | | (3) have a good reputation, particularly as a person of | 9 | | honesty, independence, and integrity. | 10 | | The Superintendent shall not during his or her term of | 11 | | appointment: become a candidate for any elective office; hold | 12 | | any other elected or appointed public office; be actively | 13 | | involved in the affairs of any political party or political | 14 | | organization; advocate for the appointment of another person to | 15 | | an appointed or elected office or position; or actively | 16 | | participate in any campaign for any elective office. The | 17 | | Superintendent may be appointed to serve on a governmental | 18 | | advisory or board study commission or as otherwise expressly | 19 | | authorized by law. | 20 | | (c) No person shall perform the duties and functions of the | 21 | | Superintendent, or otherwise exercise the authority of the | 22 | | Superintendent, unless the same shall have been appointed by | 23 | | the Governor pursuant to this Section. | 24 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 25 | | (20 ILCS 1605/6) (from Ch. 120, par. 1156)
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| 1 | | Sec. 6.
There is hereby created an independent board to be | 2 | | known as the
Lottery Control Board, consisting of 5 members, | 3 | | all of whom shall be
citizens of the United States and | 4 | | residents of this State and shall be
appointed by the Governor | 5 | | with the advice and consent of the Senate. No
more than 3 of | 6 | | the 5 members shall be members of the same political
party. A | 7 | | chairman of the Board shall be chosen annually from the
| 8 | | membership of the Board by a majority of the members of the | 9 | | Board at the
first meeting of the Board each fiscal year.
| 10 | | Initial members shall be appointed to the Board by the | 11 | | Governor as
follows: one member to serve until July 1, 1974, | 12 | | and until his successor
is appointed and qualified; 2 members | 13 | | to serve until July 1, 1975, and
until their successors are | 14 | | appointed and qualified; 2 members to serve
until July 1, 1976, | 15 | | and until their successors are appointed and
qualified. As | 16 | | terms of members so appointed expire, their successors
shall be | 17 | | appointed for terms to expire the first day in July 3 years
| 18 | | thereafter, and until their successors are appointed and | 19 | | qualified.
| 20 | | Any vacancy in the Board occurring for any reason other | 21 | | than
expiration of term, shall be filled for the unexpired term | 22 | | in the same
manner as the original appointment.
| 23 | | Any member of the Board may be removed by the Governor for | 24 | | neglect of
duty, misfeasance, malfeasance, or nonfeasance in | 25 | | office.
| 26 | | Board members shall receive as compensation for their |
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| 1 | | services $100
for each day they are in attendance at any | 2 | | official board meeting, but in
no event shall members receive | 3 | | more than $1,200 per year. They
shall receive no other | 4 | | compensation for their services, but shall be
reimbursed for | 5 | | necessary traveling and other reasonable expenses
incurred in | 6 | | the performance of their official duties. Each member shall
| 7 | | make a full financial disclosure upon appointment.
| 8 | | The Board shall hold at least one meeting each quarter of | 9 | | the fiscal
year. In addition,
special meetings may be called by | 10 | | the Chairman, any 2 Board members, or
the Superintendent | 11 | | Director of the Department, upon delivery of 72 hours'
written | 12 | | notice to the office of each member. All Board meetings shall | 13 | | be
open to the public pursuant to the Open Meetings Act.
| 14 | | Three members of the Board shall constitute a quorum, and 3 | 15 | | votes
shall be required for any final determination by the | 16 | | Board. The Board
shall keep a complete and accurate record of | 17 | | all its meetings.
| 18 | | (Source: P.A. 84-1128.)
| 19 | | (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
| 20 | | Sec. 7.1. The Department shall promulgate such rules and
| 21 | | regulations governing the establishment
and operation of a | 22 | | State lottery as it deems necessary to carry out the
purposes | 23 | | of this Act. Such rules and regulations shall be subject to the
| 24 | | provisions of The Illinois Administrative Procedure Act. The | 25 | | Department Division shall issue written game rules, play |
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| 1 | | instructions, directives, operations manuals, brochures, or | 2 | | any other publications necessary to conduct specific games, as | 3 | | authorized by rule by the Department.
Any written game rules, | 4 | | play instructions, directives, operations manuals,
brochures, | 5 | | or other game publications issued by the Department Division | 6 | | that relate
to a specific lottery game shall be maintained as a | 7 | | public record in the
Department's Division's principal office, | 8 | | and made available for public inspection and
copying but shall | 9 | | be exempt from the rulemaking procedures of the Illinois
| 10 | | Administrative Procedure Act. However, when such written | 11 | | materials contain
any policy of general applicability, the | 12 | | Department Division shall formulate and
adopt such policy as a | 13 | | rule in accordance with the provisions of the
Illinois | 14 | | Administrative Procedure Act. In addition, the Department | 15 | | Division shall
publish each January in the Illinois Register a | 16 | | list of all game-specific
rules, play instructions, | 17 | | directives, operations manuals, brochures, or
other | 18 | | game-specific publications issued by the Department Division | 19 | | during the
previous year and instructions concerning how the | 20 | | public may obtain copies
of these materials from the Department | 21 | | Division .
| 22 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 23 | | (20 ILCS 1605/7.6) (from Ch. 120, par. 1157.6)
| 24 | | Sec. 7.6. The Board shall advise and make recommendations | 25 | | to the
Superintendent or the Director regarding the functions |
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| 1 | | and operations of the State Lottery. A copy of all
such | 2 | | recommendations shall also be forwarded to the Governor, the | 3 | | Attorney
General, the Speaker of the House, the President of | 4 | | the Senate and the
minority leaders of both houses.
| 5 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 6 | | (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
| 7 | | Sec. 7.11. The Department Division may establish and | 8 | | collect nominal charges
for promotional products ("premiums") | 9 | | and other promotional materials
produced or acquired by the | 10 | | Department Division as part of its advertising and
promotion | 11 | | activities. Such premiums or other promotional materials may be
| 12 | | sold to individuals, government agencies and not-for-profit | 13 | | organizations,
but not to for-profit enterprises for the | 14 | | purpose of resale. Other State
agencies shall be charged no | 15 | | more than the cost to the Department Division of the
premium or | 16 | | promotional material. All proceeds from the sale of premiums or
| 17 | | promotional materials shall be deposited in the State Lottery | 18 | | Fund in the
State Treasury.
| 19 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 20 | | (20 ILCS 1605/7.12) | 21 | | Sec. 7.12. Internet pilot program. The General Assembly | 22 | | finds that: | 23 | | (1) the consumer market in Illinois has changed since | 24 | | the creation of the Illinois State Lottery in 1974; |
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| 1 | | (2) the Internet has become an integral part of | 2 | | everyday life for a significant number of Illinois | 3 | | residents not only in regards to their professional life, | 4 | | but also in regards to personal business and communication; | 5 | | and | 6 | | (3) the current practices of selling lottery tickets | 7 | | does not appeal to the new form of market participants who | 8 | | prefer to make purchases on the internet at their own | 9 | | convenience. | 10 | | It is the intent of the General Assembly to create an | 11 | | Internet pilot program for the sale of lottery tickets to | 12 | | capture this new form of market participant. | 13 | | The Department shall create a pilot program that allows an | 14 | | individual 18 years of age or older to purchase lottery tickets | 15 | | or shares on the Internet without using a Lottery retailer with | 16 | | on-line status, as those terms are defined by rule. The | 17 | | Department shall restrict the sale of lottery tickets on the | 18 | | Internet to transactions initiated and received or otherwise | 19 | | made exclusively within the State of Illinois. The Department | 20 | | shall adopt rules necessary for the administration of this | 21 | | program. These rules shall include requirements for marketing | 22 | | of the Lottery to infrequent players. The provisions of this | 23 | | Act and the rules adopted under this Act shall apply to the | 24 | | sale of lottery tickets or shares under this program. | 25 | | Before beginning the pilot program, the Department of the | 26 | | Lottery Revenue must submit a request to the United States |
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| 1 | | Department of Justice for review of the State's plan to | 2 | | implement a pilot program for the sale of lottery tickets on | 3 | | the Internet and its propriety under federal law. The | 4 | | Department shall implement the Internet pilot program only if | 5 | | the Department of Justice does not object to the implementation | 6 | | of the program within a reasonable period of time after its | 7 | | review. | 8 | | The Department is obligated to implement the pilot program | 9 | | set forth in this Section and Sections 7.15 and 7.16 only at | 10 | | such time, and to such extent, that the Department of Justice | 11 | | does not object to the implementation of the program within a | 12 | | reasonable period of time after its review. While the Illinois | 13 | | Lottery may only offer Lotto and Mega Millions games through | 14 | | the pilot program, the Department shall request review from the | 15 | | federal Department of Justice for the Illinois Lottery to sell | 16 | | lottery tickets on the Internet on behalf of the State of | 17 | | Illinois that are not limited to just these games. | 18 | | The Department shall authorize the private manager to | 19 | | implement and administer the program pursuant to the management | 20 | | agreement entered into under Section 9.1 and in a manner | 21 | | consistent with the provisions of this Section. If a private | 22 | | manager has not been selected pursuant to Section 9.1 at the | 23 | | time the Department is obligated to implement the pilot | 24 | | program, then the Department shall not proceed with the pilot | 25 | | program until after the selection of the private manager, at | 26 | | which time the Department shall authorize the private manager |
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| 1 | | to implement and administer the program pursuant to the | 2 | | management agreement entered into under Section 9.1 and in a | 3 | | manner consistent with the provisions of this Section. | 4 | | The pilot program shall last for not less than 36 months, | 5 | | but not more than 48 months from the date of its initial | 6 | | operation. | 7 | | Nothing in this Section shall be construed as prohibiting | 8 | | the Department from implementing and operating a website portal | 9 | | whereby individuals who are 18 years of age or older with an | 10 | | Illinois mailing address may apply to purchase lottery tickets | 11 | | via subscription. | 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | 13 | | eff. 12-23-09.)
| 14 | | (20 ILCS 1605/9) (from Ch. 120, par. 1159)
| 15 | | Sec. 9. The Superintendent, as administrative head of
the | 16 | | Department Division , shall direct and supervise all its | 17 | | administrative and
technical activities and shall report to the | 18 | | Director . In addition to the duties imposed upon him
elsewhere | 19 | | in this Act, it
shall be the Superintendent's duty:
| 20 | | a. To supervise and administer the operation of the lottery | 21 | | in
accordance with the provisions of this Act or such
rules and | 22 | | regulations of the Department
adopted thereunder.
| 23 | | b. To attend meetings of the Board or to appoint a designee | 24 | | to
attend in his stead.
| 25 | | c. To employ and direct such personnel in accord with the |
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| 1 | | Personnel Code,
as may be necessary to carry out the purposes | 2 | | of this Act. The Superintendent may, subject to the approval of | 3 | | the Director, use the services, personnel, or facilities of the | 4 | | Department.
In addition, the Superintendent
may by agreement | 5 | | secure such services as he or she may deem necessary
from any | 6 | | other department, agency, or unit of the State government, and
| 7 | | may employ and compensate such consultants and technical | 8 | | assistants as may
be required and is otherwise permitted by | 9 | | law.
| 10 | | d. To license, in accordance with the provisions of | 11 | | Sections 10 and 10.1
of this Act and the rules and regulations | 12 | | of the Department
adopted thereunder,
as agents to sell lottery | 13 | | tickets such persons as in his opinion will best
serve the | 14 | | public convenience and promote the sale of tickets or shares.
| 15 | | The Superintendent may require a bond from every licensed | 16 | | agent, in such
amount as provided in the rules and regulations | 17 | | of the Department. Every licensed
agent shall prominently | 18 | | display his license, or a copy thereof, as provided
in the | 19 | | rules and regulations of the Department.
| 20 | | e. To suspend or revoke any license issued pursuant to this | 21 | | Act or the
rules and regulations promulgated by the Department | 22 | | thereunder.
| 23 | | f. To confer regularly as necessary or desirable and not
| 24 | | less than once
every month with the Lottery Control Board on | 25 | | the operation and administration
of the Lottery; to make | 26 | | available for inspection by the Board or any member
of the |
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| 1 | | Board, upon request, all books, records, files, and other | 2 | | information
and documents of his office; to advise the Board | 3 | | and recommend such rules
and regulations and such other matters | 4 | | as he deems necessary and advisable
to improve the operation | 5 | | and administration of the lottery.
| 6 | | g. To enter into contracts for the operation of the | 7 | | lottery, or any part
thereof, and into contracts for the | 8 | | promotion of the lottery on behalf of
the Department with any | 9 | | person, firm or corporation, to perform any of the
functions | 10 | | provided for in this Act or the rules and regulations | 11 | | promulgated
thereunder. The Department shall not expend State | 12 | | funds on a contractual
basis for such functions unless those | 13 | | functions and expenditures are expressly
authorized by the | 14 | | General Assembly.
| 15 | | h. To enter into an agreement or agreements with the | 16 | | management of state
lotteries operated pursuant to the laws of | 17 | | other states for the purpose of
creating and operating a | 18 | | multi-state lottery game wherein a separate and
distinct prize | 19 | | pool would be combined to award larger prizes to the public
| 20 | | than could be offered by the several state lotteries, | 21 | | individually. No
tickets or shares offered in connection with a | 22 | | multi-state lottery game
shall be sold within the State of | 23 | | Illinois, except those offered by and
through the Department. | 24 | | No such agreement shall purport to pledge the full
faith and | 25 | | credit of the State of Illinois, nor shall the Department | 26 | | expend
State funds on a contractual basis in connection with |
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| 1 | | any such game unless
such expenditures are expressly authorized | 2 | | by the General Assembly,
provided, however, that in the event | 3 | | of error or omission by the Illinois
State Lottery in the | 4 | | conduct of the game, as determined by the multi-state
game | 5 | | directors, the Department shall be authorized to pay a prize | 6 | | winner or
winners the lesser of a disputed prize or $1,000,000, | 7 | | any such payment to
be made solely from funds appropriated for | 8 | | game prize purposes. The
Department shall be authorized to | 9 | | share in the ordinary operating expenses
of any such | 10 | | multi-state lottery game, from funds appropriated by the | 11 | | General Assembly,
and in the event the multi-state game control | 12 | | offices are physically
located within the State of Illinois, | 13 | | the Department is authorized to
advance start-up operating | 14 | | costs not to exceed $150,000, subject to
proportionate | 15 | | reimbursement of such costs by the other participating state
| 16 | | lotteries. The Department shall be authorized to share | 17 | | proportionately in
the costs of establishing a liability | 18 | | reserve fund from funds appropriated
by the General Assembly. | 19 | | The Department is authorized to transfer prize
award funds | 20 | | attributable to Illinois sales of multi-state lottery game | 21 | | tickets to
the multi-state control office, or its designated | 22 | | depository, for deposit
to such game pool account or accounts | 23 | | as may be established by the
multi-state game directors, the | 24 | | records of which account or accounts shall
be available at all | 25 | | times for inspection in an audit by the Auditor General
of | 26 | | Illinois and any other auditors pursuant to the laws of the |
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| 1 | | State of
Illinois.
No multi-state game prize awarded to a | 2 | | nonresident of Illinois, with
respect to a ticket or share | 3 | | purchased in a state other than the State of
Illinois, shall be | 4 | | deemed to be a prize awarded under this Act for the
purpose of | 5 | | taxation under the Illinois Income Tax Act.
The Department | 6 | | shall promulgate such rules as may be appropriate to
implement | 7 | | the provisions of this Section.
| 8 | | i. To make a continuous study and investigation of (1) the | 9 | | operation and
the administration of similar laws which may be | 10 | | in effect in other states
or countries, (2) any literature on | 11 | | the subject which from time to time
may be published or | 12 | | available, (3) any Federal laws which may affect the
operation | 13 | | of the
lottery, and (4) the reaction of Illinois citizens to | 14 | | existing and potential
features of the lottery with a view to | 15 | | recommending or effecting changes
that will tend to serve the | 16 | | purposes of this Act.
| 17 | | j. To report monthly to the State Treasurer and the Lottery | 18 | | Control Board
a full and complete statement of lottery | 19 | | revenues, prize disbursements and
other expenses for each month | 20 | | and the amounts to be transferred to the Common
School Fund | 21 | | pursuant to Section 7.2 or such other funds as are otherwise
| 22 | | authorized by Section 21.2 of this Act, and to
make an annual | 23 | | report, which shall include a full and complete statement
of | 24 | | lottery revenues, prize disbursements and other expenses, to | 25 | | the Governor
and the Board. All reports required by this | 26 | | subsection shall be public
and copies of all
such reports shall |
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| 1 | | be sent to the Speaker of the House, the President of
the | 2 | | Senate, and the minority leaders of both houses.
| 3 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 4 | | (20 ILCS 1605/9.1) | 5 | | Sec. 9.1. Private manager and management agreement. | 6 | | (a) As used in this Section: | 7 | | "Offeror" means a person or group of persons that responds | 8 | | to a request for qualifications under this Section. | 9 | | "Request for qualifications" means all materials and | 10 | | documents prepared by the Department to solicit the following | 11 | | from offerors: | 12 | | (1) Statements of qualifications. | 13 | | (2) Proposals to enter into a management agreement, | 14 | | including the identity of any prospective vendor or vendors | 15 | | that the offeror intends to initially engage to assist the | 16 | | offeror in performing its obligations under the management | 17 | | agreement. | 18 | | "Final offer" means the last proposal submitted by an | 19 | | offeror in response to the request for qualifications, | 20 | | including the identity of any prospective vendor or vendors | 21 | | that the offeror intends to initially engage to assist the | 22 | | offeror in performing its obligations under the management | 23 | | agreement. | 24 | | "Final offeror" means the offeror ultimately selected by | 25 | | the Governor to be the private manager for the Lottery under |
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| 1 | | subsection (h) of this Section. | 2 | | (b) By September 15, 2010, the Governor shall select a | 3 | | private manager for the total management of the Lottery with | 4 | | integrated functions, such as lottery game design, supply of | 5 | | goods and services, and advertising and as specified in this | 6 | | Section. | 7 | | (c) Pursuant to the terms of this subsection, the | 8 | | Department shall endeavor to expeditiously terminate the | 9 | | existing contracts in support of the Lottery in effect on the | 10 | | effective date of this amendatory Act of the 96th General | 11 | | Assembly in connection with the selection of the private | 12 | | manager. As part of its obligation to terminate these contracts | 13 | | and select the private manager, the Department shall establish | 14 | | a mutually agreeable timetable to transfer the functions of | 15 | | existing contractors to the private manager so that existing | 16 | | Lottery operations are not materially diminished or impaired | 17 | | during the transition. To that end, the Department shall do the | 18 | | following: | 19 | | (1) where such contracts contain a provision | 20 | | authorizing termination upon notice, the Department shall | 21 | | provide notice of termination to occur upon the mutually | 22 | | agreed timetable for transfer of functions; | 23 | | (2) upon the expiration of any initial term or renewal | 24 | | term of the current Lottery contracts, the Department shall | 25 | | not renew such contract for a term extending beyond the | 26 | | mutually agreed timetable for transfer of functions; or |
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| 1 | | (3) in the event any current contract provides for | 2 | | termination of that contract upon the implementation of a | 3 | | contract with the private manager, the Department shall | 4 | | perform all necessary actions to terminate the contract on | 5 | | the date that coincides with the mutually agreed timetable | 6 | | for transfer of functions. | 7 | | If the contracts to support the current operation of the | 8 | | Lottery in effect on the effective date of this amendatory Act | 9 | | of the 96th General Assembly are not subject to termination as | 10 | | provided for in this subsection (c), then the Department may | 11 | | include a provision in the contract with the private manager | 12 | | specifying a mutually agreeable methodology for incorporation. | 13 | | (c-5) The Department shall include provisions in the | 14 | | management agreement whereby the private manager shall, for a | 15 | | fee, and pursuant to a contract negotiated with the Department | 16 | | (the "Employee Use Contract"), utilize the services of current | 17 | | Department employees to assist in the administration and | 18 | | operation of the Lottery. The Department shall be the employer | 19 | | of all such bargaining unit employees assigned to perform such | 20 | | work for the private manager, and such employees shall be State | 21 | | employees, as defined by the Personnel Code. Department | 22 | | employees shall operate under the same employment policies, | 23 | | rules, regulations, and procedures, as other employees of the | 24 | | Department. In addition, neither historical representation | 25 | | rights under the Illinois Public Labor Relations Act, nor | 26 | | existing collective bargaining agreements, shall be disturbed |
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| 1 | | by the management agreement with the private manager for the | 2 | | management of the Lottery. | 3 | | (d) The management agreement with the private manager shall | 4 | | include all of the following: | 5 | | (1) A term not to exceed 10 years, including any | 6 | | renewals. | 7 | | (2) A provision specifying that the Department: | 8 | | (A) shall exercise actual control over all | 9 | | significant business decisions; | 10 | | (A-5) has the authority to direct or countermand | 11 | | operating decisions by the private manager at any time; | 12 | | (B) has ready access at any time to information | 13 | | regarding Lottery operations; | 14 | | (C) has the right to demand and receive information | 15 | | from the private manager concerning any aspect of the | 16 | | Lottery operations at any time; and | 17 | | (D) retains ownership of all trade names, | 18 | | trademarks, and intellectual property associated with | 19 | | the Lottery. | 20 | | (3) A provision imposing an affirmative duty on the | 21 | | private manager to provide the Department with material | 22 | | information and with any information the private manager | 23 | | reasonably believes the Department would want to know to | 24 | | enable the Department to conduct the Lottery. | 25 | | (4) A provision requiring the private manager to | 26 | | provide the Department with advance notice of any operating |
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| 1 | | decision that bears significantly on the public interest, | 2 | | including, but not limited to, decisions on the kinds of | 3 | | games to be offered to the public and decisions affecting | 4 | | the relative risk and reward of the games being offered, so | 5 | | the Department has a reasonable opportunity to evaluate and | 6 | | countermand that decision. | 7 | | (5) A provision providing for compensation of the | 8 | | private manager that may consist of, among other things, a | 9 | | fee for services and a performance based bonus as | 10 | | consideration for managing the Lottery, including terms | 11 | | that may provide the private manager with an increase in | 12 | | compensation if Lottery revenues grow by a specified | 13 | | percentage in a given year. | 14 | | (6) (Blank). | 15 | | (7) A provision requiring the deposit of all Lottery | 16 | | proceeds to be deposited into the State Lottery Fund except | 17 | | as otherwise provided in Section 20 of this Act . | 18 | | (8) A provision requiring the private manager to locate | 19 | | its principal office within the State. | 20 | | (8-5) A provision encouraging that at least 20% of the | 21 | | cost of contracts entered into for goods and services by | 22 | | the private manager in connection with its management of | 23 | | the Lottery, other than contracts with sales agents or | 24 | | technical advisors, be awarded to businesses that are a | 25 | | minority owned business, a female owned business, or a | 26 | | business owned by a person with disability, as those terms |
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| 1 | | are defined in the Business Enterprise for Minorities, | 2 | | Females, and Persons with Disabilities Act. | 3 | | (9) A requirement that so long as the private manager | 4 | | complies with all the conditions of the agreement under the | 5 | | oversight of the Department, the private manager shall have | 6 | | the following duties and obligations with respect to the | 7 | | management of the Lottery: | 8 | | (A) The right to use equipment and other assets | 9 | | used in the operation of the Lottery. | 10 | | (B) The rights and obligations under contracts | 11 | | with retailers and vendors. | 12 | | (C) The implementation of a comprehensive security | 13 | | program by the private manager. | 14 | | (D) The implementation of a comprehensive system | 15 | | of internal audits. | 16 | | (E) The implementation of a program by the private | 17 | | manager to curb compulsive gambling by persons playing | 18 | | the Lottery. | 19 | | (F) A system for determining (i) the type of | 20 | | Lottery games, (ii) the method of selecting winning | 21 | | tickets, (iii) the manner of payment of prizes to | 22 | | holders of winning tickets, (iv) the frequency of | 23 | | drawings of winning tickets, (v) the method to be used | 24 | | in selling tickets, (vi) a system for verifying the | 25 | | validity of tickets claimed to be winning tickets, | 26 | | (vii) the basis upon which retailer commissions are |
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| 1 | | established by the manager, and (viii) minimum | 2 | | payouts. | 3 | | (10) A requirement that advertising and promotion must | 4 | | be consistent with Section 7.8a of this Act. | 5 | | (11) A requirement that the private manager market the | 6 | | Lottery to those residents who are new, infrequent, or | 7 | | lapsed players of the Lottery, especially those who are | 8 | | most likely to make regular purchases on the Internet as | 9 | | permitted by law. | 10 | | (12) A code of ethics for the private manager's | 11 | | officers and employees. | 12 | | (13) A requirement that the Department monitor and | 13 | | oversee the private manager's practices and take action | 14 | | that the Department considers appropriate to ensure that | 15 | | the private manager is in compliance with the terms of the | 16 | | management agreement, while allowing the manager, unless | 17 | | specifically prohibited by law or the management | 18 | | agreement, to negotiate and sign its own contracts with | 19 | | vendors. | 20 | | (14) A provision requiring the private manager to | 21 | | periodically file, at least on an annual basis, appropriate | 22 | | financial statements in a form and manner acceptable to the | 23 | | Department. | 24 | | (15) Cash reserves requirements. | 25 | | (16) Procedural requirements for obtaining the prior | 26 | | approval of the Department when a management agreement or |
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| 1 | | an interest in a management agreement is sold, assigned, | 2 | | transferred, or pledged as collateral to secure financing. | 3 | | (17) Grounds for the termination of the management | 4 | | agreement by the Department or the private manager. | 5 | | (18) Procedures for amendment of the agreement. | 6 | | (19) A provision requiring the private manager to | 7 | | engage in an open and competitive bidding process for any | 8 | | procurement having a cost in excess of $50,000 that is not | 9 | | a part of the private manager's final offer. The process | 10 | | shall favor the selection of a vendor deemed to have | 11 | | submitted a proposal that provides the Lottery with the | 12 | | best overall value. The process shall not be subject to the | 13 | | provisions of the Illinois Procurement Code, unless | 14 | | specifically required by the management agreement. | 15 | | (20) The transition of rights and obligations, | 16 | | including any associated equipment or other assets used in | 17 | | the operation of the Lottery, from the manager to any | 18 | | successor manager of the lottery, including the | 19 | | Department, following the termination of or foreclosure | 20 | | upon the management agreement. | 21 | | (21) Right of use of copyrights, trademarks, and | 22 | | service marks held by the Department in the name of the | 23 | | State. The agreement must provide that any use of them by | 24 | | the manager shall only be for the purpose of fulfilling its | 25 | | obligations under the management agreement during the term | 26 | | of the agreement. |
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| 1 | | (22) The disclosure of any information requested by the | 2 | | Department to enable it to comply with the reporting | 3 | | requirements and information requests provided for under | 4 | | subsection (p) of this Section. | 5 | | (e) Notwithstanding any other law to the contrary, the | 6 | | Department shall select a private manager through a competitive | 7 | | request for qualifications process consistent with Section | 8 | | 20-35 of the Illinois Procurement Code, which shall take into | 9 | | account: | 10 | | (1) the offeror's ability to market the Lottery to | 11 | | those residents who are new, infrequent, or lapsed players | 12 | | of the Lottery, especially those who are most likely to | 13 | | make regular purchases on the Internet; | 14 | | (2) the offeror's ability to address the State's | 15 | | concern with the social effects of gambling on those who | 16 | | can least afford to do so; | 17 | | (3) the offeror's ability to provide the most | 18 | | successful management of the Lottery for the benefit of the | 19 | | people of the State based on current and past business | 20 | | practices or plans of the offeror; and | 21 | | (4) the offeror's poor or inadequate past performance | 22 | | in servicing, equipping, operating or managing a lottery on | 23 | | behalf of Illinois, another State or foreign government and | 24 | | attracting persons who are not currently regular players of | 25 | | a lottery. | 26 | | (f) The Department may retain the services of an advisor or |
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| 1 | | advisors with significant experience in financial services or | 2 | | the management, operation, and procurement of goods, services, | 3 | | and equipment for a government-run lottery to assist in the | 4 | | preparation of the terms of the request for qualifications and | 5 | | selection of the private manager. Any prospective advisor | 6 | | seeking to provide services under this subsection (f) shall | 7 | | disclose any material business or financial relationship | 8 | | during the past 3 years with any potential offeror, or with a | 9 | | contractor or subcontractor presently providing goods, | 10 | | services, or equipment to the Department to support the | 11 | | Lottery. The Department shall evaluate the material business or | 12 | | financial relationship of each prospective advisor. The | 13 | | Department shall not select any prospective advisor with a | 14 | | substantial business or financial relationship that the | 15 | | Department deems to impair the objectivity of the services to | 16 | | be provided by the prospective advisor. During the course of | 17 | | the advisor's engagement by the Department, and for a period of | 18 | | one year thereafter, the advisor shall not enter into any | 19 | | business or financial relationship with any offeror or any | 20 | | vendor identified to assist an offeror in performing its | 21 | | obligations under the management agreement. Any advisor | 22 | | retained by the Department shall be disqualified from being an | 23 | | offeror.
The Department shall not include terms in the request | 24 | | for qualifications that provide a material advantage whether | 25 | | directly or indirectly to any potential offeror, or any | 26 | | contractor or subcontractor presently providing goods, |
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| 1 | | services, or equipment to the Department to support the | 2 | | Lottery, including terms contained in previous responses to | 3 | | requests for proposals or qualifications submitted to | 4 | | Illinois, another State or foreign government when those terms | 5 | | are uniquely associated with a particular potential offeror, | 6 | | contractor, or subcontractor. The request for proposals | 7 | | offered by the Department on December 22, 2008 as | 8 | | "LOT08GAMESYS" and reference number "22016176" is declared | 9 | | void. | 10 | | (g) The Department shall select at least 2 offerors as | 11 | | finalists to potentially serve as the private manager no later | 12 | | than August 9, 2010. Upon making preliminary selections, the | 13 | | Department shall schedule a public hearing on the finalists' | 14 | | proposals and provide public notice of the hearing at least 7 | 15 | | calendar days before the hearing. The notice must include all | 16 | | of the following: | 17 | | (1) The date, time, and place of the hearing. | 18 | | (2) The subject matter of the hearing. | 19 | | (3) A brief description of the management agreement to | 20 | | be awarded. | 21 | | (4) The identity of the offerors that have been | 22 | | selected as finalists to serve as the private manager. | 23 | | (5) The address and telephone number of the Department. | 24 | | (h) At the public hearing, the Department shall (i) provide | 25 | | sufficient time for each finalist to present and explain its | 26 | | proposal to the Department and the Governor or the Governor's |
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| 1 | | designee, including an opportunity to respond to questions | 2 | | posed by the Department, Governor, or designee and (ii) allow | 3 | | the public and non-selected offerors to comment on the | 4 | | presentations. The Governor or a designee shall attend the | 5 | | public hearing. After the public hearing, the Department shall | 6 | | have 14 calendar days to recommend to the Governor whether a | 7 | | management agreement should be entered into with a particular | 8 | | finalist. After reviewing the Department's recommendation, the | 9 | | Governor may accept or reject the Department's recommendation, | 10 | | and shall select a final offeror as the private manager by | 11 | | publication of a notice in the Illinois Procurement Bulletin on | 12 | | or before September 15, 2010. The Governor shall include in the | 13 | | notice a detailed explanation and the reasons why the final | 14 | | offeror is superior to other offerors and will provide | 15 | | management services in a manner that best achieves the | 16 | | objectives of this Section. The Governor shall also sign the | 17 | | management agreement with the private manager. | 18 | | (i) Any action to contest the private manager selected by | 19 | | the Governor under this Section must be brought within 7 | 20 | | calendar days after the publication of the notice of the | 21 | | designation of the private manager as provided in subsection | 22 | | (h) of this Section. | 23 | | (j) The Lottery shall remain, for so long as a private | 24 | | manager manages the Lottery in accordance with provisions of | 25 | | this Act, a Lottery conducted by the State, and the State shall | 26 | | not be authorized to sell or transfer the Lottery to a third |
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| 1 | | party. | 2 | | (k) Any tangible personal property used exclusively in | 3 | | connection with the lottery that is owned by the Department and | 4 | | leased to the private manager shall be owned by the Department | 5 | | in the name of the State and shall be considered to be public | 6 | | property devoted to an essential public and governmental | 7 | | function. | 8 | | (l) The Department may exercise any of its powers under | 9 | | this Section or any other law as necessary or desirable for the | 10 | | execution of the Department's powers under this Section. | 11 | | (m) Neither this Section nor any management agreement | 12 | | entered into under this Section prohibits the General Assembly | 13 | | from authorizing forms of gambling that are not in direct | 14 | | competition with the Lottery. | 15 | | (n) The private manager shall be subject to a complete | 16 | | investigation in the third, seventh, and tenth years of the | 17 | | agreement (if the agreement is for a 10-year term) by the | 18 | | Department in cooperation with the Auditor General to determine | 19 | | whether the private manager has complied with this Section and | 20 | | the management agreement. The private manager shall bear the | 21 | | cost of an investigation or reinvestigation of the private | 22 | | manager under this subsection. | 23 | | (o) The powers conferred by this Section are in addition | 24 | | and supplemental to the powers conferred by any other law. If | 25 | | any other law or rule is inconsistent with this Section, | 26 | | including, but not limited to, provisions of the Illinois |
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| 1 | | Procurement Code, then this Section controls as to any | 2 | | management agreement entered into under this Section. This | 3 | | Section and any rules adopted under this Section contain full | 4 | | and complete authority for a management agreement between the | 5 | | Department and a private manager. No law, procedure, | 6 | | proceeding, publication, notice, consent, approval, order, or | 7 | | act by the Department or any other officer, Department, agency, | 8 | | or instrumentality of the State or any political subdivision is | 9 | | required for the Department to enter into a management | 10 | | agreement under this Section. This Section contains full and | 11 | | complete authority for the Department to approve any contracts | 12 | | entered into by a private manager with a vendor providing | 13 | | goods, services, or both goods and services to the private | 14 | | manager under the terms of the management agreement , including | 15 | | subcontractors of such vendors . | 16 | | Upon receipt of a written request from the Chief | 17 | | Procurement Officer, the Department shall provide to the Chief | 18 | | Procurement Officer a complete and un-redacted copy of the | 19 | | management agreement or any contract that is subject to the | 20 | | Department's approval authority under this subsection (o). The | 21 | | Department shall provide a copy of the agreement or contract to | 22 | | the Chief Procurement Officer in the time specified by the | 23 | | Chief Procurement Officer in his or her written request, but no | 24 | | later than 5 business days after the request is received by the | 25 | | Department. The Chief Procurement Officer must retain any | 26 | | portions of the management agreement or of any contract |
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| 1 | | designated by the Department as confidential, proprietary, or | 2 | | trade secret information in complete confidence pursuant to | 3 | | subsection (g) of Section 7 of the Freedom of Information Act. | 4 | | The Department shall also provide the Chief Procurement Officer | 5 | | with reasonable advance written notice of any contract that is | 6 | | pending Department approval. | 7 | | Notwithstanding any other provision of this Section to the | 8 | | contrary, the Chief Procurement Officer shall adopt | 9 | | administrative rules, including emergency rules, to establish | 10 | | a procurement process to select a successor private manager if | 11 | | a private management agreement has been terminated. The | 12 | | selection process shall at a minimum take into account the | 13 | | criteria set forth in items (1) through (4) of subsection (e) | 14 | | of this Section and may include provisions consistent with | 15 | | subsections (f), (g), (h), and (i) of this Section. The Chief | 16 | | Procurement Officer shall also implement and administer the | 17 | | adopted selection process upon the termination of a private | 18 | | management agreement. The Department, after the Chief | 19 | | Procurement Officer certifies that the procurement process has | 20 | | been followed in accordance with the rules adopted under this | 21 | | subsection (o), shall select a final offeror as the private | 22 | | manager and sign the management agreement with the private | 23 | | manager. | 24 | | Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and | 25 | | 21.8, the Department shall distribute all proceeds of lottery | 26 | | tickets and shares sold in the following priority and manner: |
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| 1 | | (1) The payment of prizes and retailer bonuses. | 2 | | (2) The payment of costs incurred in the operation and | 3 | | administration of the Lottery, including the payment of | 4 | | sums due to the private manager under the management | 5 | | agreement with the Department and payment of sums due to | 6 | | the private vendor for lottery tickets and shares sold on | 7 | | the Internet via the pilot program as compensation under | 8 | | its contract with the Department . | 9 | | (3) On the last day of each month or as soon thereafter | 10 | | as possible, the State Comptroller shall direct and the | 11 | | State Treasurer shall transfer from the Lottery Fund to the | 12 | | Common School Fund an amount that is equal to the proceeds | 13 | | transferred in the corresponding month of fiscal year 2009, | 14 | | as adjusted for inflation, to the Common School Fund. | 15 | | (4) On or before the last day of each fiscal year, | 16 | | deposit any remaining proceeds, subject to payments under | 17 | | items (1), (2), and (3) into the Capital Projects Fund each | 18 | | fiscal year. | 19 | | (p) The Department shall be subject to the following | 20 | | reporting and information request requirements: | 21 | | (1) the Department shall submit written quarterly | 22 | | reports to the Governor and the General Assembly on the | 23 | | activities and actions of the private manager selected | 24 | | under this Section; | 25 | | (2) upon request of the Chief Procurement Officer, the | 26 | | Department shall promptly produce information related to |
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| 1 | | the procurement activities of the Department and the | 2 | | private manager requested by the Chief Procurement | 3 | | Officer; the Chief Procurement Officer must retain | 4 | | confidential, proprietary, or trade secret information | 5 | | designated by the Department in complete confidence | 6 | | pursuant to subsection (g) of Section 7 of the Freedom of | 7 | | Information Act; and | 8 | | (3) at least 30 days prior to the beginning of the | 9 | | Department's fiscal year, the Department shall prepare an | 10 | | annual written report on the activities of the private | 11 | | manager selected under this Section and deliver that report | 12 | | to the Governor and General Assembly. | 13 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840, | 14 | | eff. 12-23-09.)
| 15 | | (20 ILCS 1605/10) (from Ch. 120, par. 1160)
| 16 | | Sec. 10. The Department Division , upon application | 17 | | therefor on forms prescribed
by the Department Division , and | 18 | | upon a determination by the Department Division that the
| 19 | | applicant meets all of the qualifications specified in this | 20 | | Act, shall
issue a license as an agent to sell lottery tickets | 21 | | or shares. No license
as an agent to sell lottery tickets or | 22 | | shares shall be issued to any person
to engage in business | 23 | | exclusively as a lottery sales agent.
| 24 | | Before issuing such license the Superintendent shall | 25 | | consider (a) the financial
responsibility and security of the |
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| 1 | | person and his business or activity, (b)
the accessibility of | 2 | | his place of business or activity to the public, (c)
the | 3 | | sufficiency of existing licenses to serve the public | 4 | | convenience, (d)
the volume of expected sales, and (e) such | 5 | | other factors as he or she may
deem appropriate.
| 6 | | Until September 1, 1987, the provisions of Sections 2a, 4, | 7 | | 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, | 8 | | 10, 12 and 13.5
of the Retailers' Occupation Tax Act which are | 9 | | not inconsistent
with this Act shall apply to the subject | 10 | | matter of this Act to the same
extent as if such provisions | 11 | | were included in this Act. For purposes of
this Act, references | 12 | | in such incorporated Sections of the Retailers'
Occupation Tax | 13 | | Act to retailers, sellers or persons engaged in the business
of | 14 | | selling tangible personal property mean persons engaged in | 15 | | selling
lottery tickets or shares; references in such | 16 | | incorporated Sections to
sales of tangible personal property | 17 | | mean the selling of lottery tickets or
shares; and references | 18 | | in such incorporated Sections to
certificates of registration | 19 | | mean licenses issued under this Act. The
provisions of the | 20 | | Retailers' Occupation Tax Act as heretofore applied to
the | 21 | | subject matter of this Act shall not apply with respect to | 22 | | tickets sold
by or delivered to lottery sales agents on and | 23 | | after September 1, 1987, but
such provisions shall continue to | 24 | | apply with respect to transactions
involving the sale and | 25 | | delivery of tickets prior to September 1, 1987.
| 26 | | All licenses issued by the Department Division under this |
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| 1 | | Act shall be valid
for a period not to exceed 2 years after | 2 | | issuance unless sooner
revoked, canceled or suspended as in | 3 | | this Act provided. No license issued
under this Act shall be | 4 | | transferable or assignable. Such license shall be
| 5 | | conspicuously displayed in the place of business conducted by | 6 | | the licensee
in Illinois where lottery tickets or shares are to | 7 | | be sold under such license.
| 8 | | For purposes of this Section, the term "person" shall be | 9 | | construed to
mean and include an individual, association, | 10 | | partnership, corporation,
club, trust, estate, society, | 11 | | company, joint stock company, receiver,
trustee, referee, any | 12 | | other person acting in a fiduciary or representative
capacity | 13 | | who is appointed by a court, or any combination of individuals.
| 14 | | "Person" includes any department, commission, agency or
| 15 | | instrumentality of the State, including any county, city, | 16 | | village, or
township and any agency or instrumentality thereof.
| 17 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 18 | | (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
| 19 | | Sec. 10.1. The following are ineligible for any license | 20 | | under this Act:
| 21 | | (a) any person who has been convicted of a felony;
| 22 | | (b) any person who is or has been a professional gambler or | 23 | | gambling
promoter;
| 24 | | (c) any person who has engaged in bookmaking or other forms | 25 | | of illegal
gambling;
|
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| 1 | | (d) any person who is not of good character and reputation | 2 | | in the
community in which he resides;
| 3 | | (e) any person who has been found guilty of any fraud or
| 4 | | misrepresentation in any connection;
| 5 | | (f) any firm or corporation in which a person defined in | 6 | | (a), (b), (c),
(d) or (e) has a proprietary, equitable or | 7 | | credit interest of 5% or more.
| 8 | | (g) any organization in which a person defined in (a), (b), | 9 | | (c), (d) or
(e) is an officer, director, or managing agent, | 10 | | whether compensated or not;
| 11 | | (h) any organization in which a person defined in (a), (b), | 12 | | (c), (d), or
(e) is to participate in the management or sales | 13 | | of lottery tickets or
shares.
| 14 | | However, with respect to persons defined in (a), the | 15 | | Department may grant
any such person a license under this Act | 16 | | when:
| 17 | | 1) at least 10 years have elapsed since the date when the | 18 | | sentence for
the most recent such conviction was satisfactorily | 19 | | completed;
| 20 | | 2) the applicant has no history of criminal activity | 21 | | subsequent to such conviction;
| 22 | | 3) the applicant has complied with all conditions of | 23 | | probation, conditional
discharge, supervision, parole or | 24 | | mandatory supervised release; and
| 25 | | 4) the applicant presents at least 3 letters of | 26 | | recommendation from responsible
citizens in his community who |
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| 1 | | personally can attest that the character and
attitude of the | 2 | | applicant indicate that he is unlikely
to commit another crime.
| 3 | | The Department Division may revoke, without notice or a | 4 | | hearing, the license of
any agent who violates this Act or any | 5 | | rule or regulation promulgated
pursuant to this Act. However, | 6 | | if the Department Division does revoke a license
without notice | 7 | | and an opportunity for a hearing, the Department Division | 8 | | shall, by
appropriate notice, afford the person whose license | 9 | | has been revoked an
opportunity for a hearing within 30 days | 10 | | after the revocation order has
been issued. As a result of any | 11 | | such hearing, the Department Division may confirm
its action in | 12 | | revoking the license, or it may order the restoration of such
| 13 | | license.
| 14 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 15 | | (20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
| 16 | | Sec. 10.1a. In addition to other grounds specified in this | 17 | | Act, the Department
Division shall refuse to issue and shall | 18 | | suspend the license of any lottery
sales agency who fails to | 19 | | file a return, or to pay the tax, penalty or
interest shown in | 20 | | a filed return, or to pay any final assessment of tax,
penalty | 21 | | or interest, as required by any tax Act administered by the
| 22 | | Department of Revenue , until such time as the requirements of | 23 | | any
such tax Act are satisfied, unless the agency is | 24 | | contesting, in accordance
with the procedures established by | 25 | | the appropriate revenue Act, its
liability for the tax or the |
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| 1 | | amount of tax. The Department Division shall
affirmatively | 2 | | verify the tax status of every sales agency before issuing or
| 3 | | renewing a license. For purposes of this Section, a sales | 4 | | agency shall not
be considered delinquent in the payment of a | 5 | | tax if the agency (a) has
entered into an agreement with the | 6 | | Department of Revenue for the payment of
all such taxes that | 7 | | are due and (b) is in compliance with the agreement.
| 8 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 9 | | (20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
| 10 | | Sec. 10.2. Application and other fees. Each application | 11 | | for a new lottery license must be accompanied by a one-time | 12 | | application fee of $50; the Department Division , however, may | 13 | | waive the fee for licenses of limited duration as provided by | 14 | | Department rule. Each application for renewal of a lottery | 15 | | license must be accompanied by a renewal fee of $25. Each | 16 | | lottery licensee granted on-line status pursuant to the | 17 | | Department's rules must pay a fee of $10 per week as partial | 18 | | reimbursement for telecommunications charges incurred by the | 19 | | Department in providing access to the lottery's on-line gaming | 20 | | system. The Department, by rule, may increase or decrease the | 21 | | amount of these fees.
| 22 | | (Source: P.A. 93-840, eff. 7-30-04; 94-776, eff. 5-19-06.)
| 23 | | (20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
| 24 | | Sec. 10.6. The Department Division shall make an effort to |
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| 1 | | more directly inform
players of the odds of winning prizes. | 2 | | This effort shall include, at a
minimum, that the Department | 3 | | Division require all ticket agents to display a placard
stating | 4 | | the odds of winning for each game offered by that agent.
| 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 Department Division shall print a statement | 19 | | regarding obtaining assistance
with gambling problems, the | 20 | | text of which shall be determined by rule by the
Department of | 21 | | Human Services, on all
paper stock it provides to
the general | 22 | | public.
| 23 | | (c) The Department Division shall print a statement of no | 24 | | more than one sentence
in length regarding obtaining assistance | 25 | | with gambling problems and including a
toll-free "800" number |
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| 1 | | providing crisis counseling and referral services to
families | 2 | | experiencing difficulty as a result of problem or compulsive | 3 | | gambling
on the back of all lottery tickets.
| 4 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 5 | | (20 ILCS 1605/10.8) | 6 | | Sec. 10.8. Specialty retailers license. | 7 | | (a) "Veterans service organization" means an organization | 8 | | that: | 9 | | (1) is formed by and for United States military | 10 | | veterans; | 11 | | (2) is chartered by the United States Congress and | 12 | | incorporated in the State of Illinois; | 13 | | (3) maintains a state headquarters office in the State | 14 | | of Illinois; and | 15 | | (4) is not funded by the State of Illinois or by any | 16 | | county in this State. | 17 | | (b) The Department Division shall establish a special | 18 | | classification of retailer license to facilitate the | 19 | | year-round sale of the instant scratch-off lottery game | 20 | | established by the General Assembly in Section 21.6. The fees | 21 | | set forth in Section 10.2 do not apply to a specialty retailer | 22 | | license. | 23 | | The holder of a specialty retailer license (i) shall be a | 24 | | veterans service organization, (ii) may sell only specialty | 25 | | lottery tickets established for the benefit of the Veterans |
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| 1 | | Assistance Fund in the State treasury, (iii) is required to | 2 | | purchase those tickets up front at face value from the Illinois | 3 | | Lottery, and (iv) must sell those tickets at face value. | 4 | | Specialty retailers may obtain a refund from the Department | 5 | | Division for any unsold specialty tickets that they have | 6 | | purchased for resale, as set forth in the specialty retailer | 7 | | agreement. | 8 | | Specialty retailers shall receive a sales commission equal | 9 | | to 2% of the face value of specialty game tickets purchased | 10 | | from the Department, less adjustments for unsold tickets | 11 | | returned to the Illinois Lottery for credit. Specialty | 12 | | retailers may not cash winning tickets, but are entitled to a | 13 | | 1% bonus in connection with the sale of a winning specialty | 14 | | game ticket having a price value of $1,000 or more.
| 15 | | (Source: P.A. 96-1105, eff. 7-19-10.)
| 16 | | (20 ILCS 1605/12) (from Ch. 120, par. 1162)
| 17 | | Sec. 12. The public inspection and copying of the records | 18 | | and data of the
Department Division and the Board shall be | 19 | | generally governed by the provisions of the
Freedom of | 20 | | Information Act except that the following shall additionally be
| 21 | | exempt from inspection and copying:
| 22 | | (i) information privileged against introduction in | 23 | | judicial proceedings;
| 24 | | (ii) internal communications of the several agencies;
| 25 | | (iii) information concerning secret manufacturing |
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| 1 | | processes or
confidential data submitted by any person | 2 | | under this Act;
| 3 | | (iv) any creative proposals, scripts, storyboards or | 4 | | other materials
prepared by or for the Department Division , | 5 | | prior to the placement of the materials in
the media, if | 6 | | the prior release of the materials would compromise the
| 7 | | effectiveness of an advertising campaign.
| 8 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 9 | | (20 ILCS 1605/13) (from Ch. 120, par. 1163)
| 10 | | Sec. 13. Except as otherwise provided in Section 13.1, no | 11 | | prize, nor any
portion of a prize, nor any right of any
person | 12 | | to a prize awarded shall be assignable. Any prize, or portion
| 13 | | thereof remaining unpaid at the death of a prize winner, may be | 14 | | paid to the
estate
of such deceased prize winner, or to the | 15 | | trustee under a revocable living
trust established by the | 16 | | deceased prize winner as settlor, provided that a
copy of such | 17 | | a trust has been filed with the Department along with a
| 18 | | notarized letter of direction from the settlor and no written | 19 | | notice of
revocation has been received by the Department | 20 | | Division prior to the settlor's
death. Following such a | 21 | | settlor's death and prior to any payment to such a
successor | 22 | | trustee, the Superintendent shall obtain from the trustee a | 23 | | written agreement to indemnify and hold the Department and the | 24 | | Department Division
harmless with respect to any claims that | 25 | | may be asserted against the
Department or the Division arising |
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| 1 | | from payment to or through the trust. Notwithstanding
any other | 2 | | provision of this Section, any person pursuant to an | 3 | | appropriate
judicial order may be paid
the prize to which a | 4 | | winner is entitled, and all or part of any prize
otherwise | 5 | | payable by
State warrant under this Section shall be withheld | 6 | | upon certification to
the State Comptroller from the Department | 7 | | of Healthcare and Family Services as
provided in Section | 8 | | 10-17.5 of The Illinois Public Aid Code. The Director
and the | 9 | | Superintendent shall be discharged of all further liability | 10 | | upon payment of a prize
pursuant to this Section.
| 11 | | (Source: P.A. 94-776, eff. 5-19-06; 95-331, eff. 8-21-07.)
| 12 | | (20 ILCS 1605/14) (from Ch. 120, par. 1164)
| 13 | | Sec. 14. No person shall sell a ticket or share at a price | 14 | | greater than that
fixed by rule or regulation of the Department | 15 | | or the Division . No person other than a
licensed lottery sales | 16 | | agent or distributor shall sell or resell lottery
tickets or | 17 | | shares. No person shall charge a fee to redeem a winning ticket | 18 | | or
share.
| 19 | | Any person convicted of violating this Section shall be | 20 | | guilty of a
Class B misdemeanor; provided, that if any offense | 21 | | under this Section is
a subsequent offense, the offender shall | 22 | | be guilty of a Class 4 felony.
| 23 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 24 | | (20 ILCS 1605/14.3)
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| 1 | | Sec. 14.3. Misuse of proprietary material prohibited. | 2 | | Except as may be
provided in Section 7.11, or by bona fide sale | 3 | | or by prior authorization from
the Department or the Division, | 4 | | or otherwise by law, all premiums, promotional and other
| 5 | | proprietary material produced or acquired by the Department | 6 | | Division as part of its
advertising and promotional activities | 7 | | shall remain the property of the
Department. Nothing herein | 8 | | shall be construed to affect the rights or
obligations of the | 9 | | Department or any other person under federal or State
trademark | 10 | | or copyright laws.
| 11 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 12 | | (20 ILCS 1605/19) (from Ch. 120, par. 1169)
| 13 | | Sec. 19. The Department Division shall establish an | 14 | | appropriate period for the
claiming of prizes for each lottery | 15 | | game offered. Each claim period shall
be stated in game rules | 16 | | and written play
instructions issued by the Superintendent in | 17 | | accordance with Section 7.1 of
this Act. Written play | 18 | | instructions shall be made available to all players
through | 19 | | sales agents licensed to sell game tickets or shares.
Prizes | 20 | | for lottery games which involve the purchase of a physical | 21 | | lottery
ticket may be claimed only by presentation of a valid | 22 | | winning lottery
ticket that matches validation records on file | 23 | | with the Lottery; no
claim may be honored which is based on the | 24 | | assertion that the ticket was
lost or stolen. No lottery ticket | 25 | | which has been altered, mutilated, or
fails to pass validation |
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| 1 | | tests shall be deemed to be a winning ticket.
| 2 | | If no claim
is made for the money within the established | 3 | | claim period, the prize may
be included in the prize pool of | 4 | | such special drawing or drawings as the Department
Division | 5 | | may, from time to time, designate. Unclaimed
multi-state game | 6 | | prize money may be included in the multi-state
prize
pool for | 7 | | such special drawing or drawings as the multi-state game | 8 | | directors
may, from time to time, designate. Any bonuses | 9 | | offered by the Department
to sales agents who sell winning | 10 | | tickets or shares shall be
payable to such agents regardless of | 11 | | whether or not the prize money on the
ticket or share is | 12 | | claimed, provided that the agent can be identified as
the | 13 | | 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 1605/20.1) (from Ch. 120, par. 1170.1)
| 19 | | Sec. 20.1. Department account.
| 20 | | (a) The Department is authorized to pay validated prizes
up | 21 | | to $25,000 from funds held by the Department in an account | 22 | | separate and
apart from all public moneys of the State. Moneys | 23 | | in this account shall be
administered by the Superintendent | 24 | | Director exclusively for the purposes of issuing payments
to | 25 | | prize winners authorized by this Section. Moneys in this |
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| 1 | | account shall be
deposited by the Department into the Public | 2 | | Treasurers' Investment Pool
established under Section 17 of the | 3 | | State Treasurer Act. The Department shall
submit vouchers from | 4 | | time to time as needed for reimbursement of this account
from | 5 | | moneys appropriated for prizes from the State Lottery Fund. | 6 | | Investment
income earned from this account shall be deposited | 7 | | monthly by the Department
into the Common School Fund. The | 8 | | Department shall file quarterly fiscal
reports specifying the | 9 | | activity of this account as required under Section 16 of
the | 10 | | State Comptroller Act, and shall file quarterly with the | 11 | | General Assembly,
the Auditor General, the Comptroller, and the | 12 | | State Treasurer a report
indicating the costs associated with | 13 | | this activity.
| 14 | | (b) The Department is authorized to enter into an | 15 | | interagency agreement
with the Office of the Comptroller or any | 16 | | other State agency to establish
responsibilities, duties, and | 17 | | procedures for complying with the Comptroller's
Offset System | 18 | | under Section 10.05 of the State Comptroller Act. All federal
| 19 | | and State tax reporting and withholding requirements relating | 20 | | to prize winners
under this Section shall be the responsibility | 21 | | of the Department. Moneys from
this account may not be used to | 22 | | pay amounts to deferred prize winners. Moneys
may not be | 23 | | transferred from the State Lottery Fund to this account for | 24 | | payment
of prizes under this Section until procedures are | 25 | | implemented to comply with
the Comptroller's Offset System and | 26 | | sufficient internal controls are in place
to validate prizes.
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| 1 | | (Source: P.A. 87-1197; 88-676, eff. 12-14-94.)
| 2 | | (20 ILCS 1605/21) (from Ch. 120, par. 1171)
| 3 | | Sec. 21. All lottery sales agents or distributors shall be | 4 | | liable to the
Lottery for any and all tickets accepted or | 5 | | generated by any employee or
representative of that agent or | 6 | | distributor, and such tickets shall be deemed
to have been | 7 | | purchased by the agent or distributor unless returned to the
| 8 | | Lottery within the time and in the manner prescribed by the | 9 | | Superintendent. All
moneys received by such agents or | 10 | | distributors from the sale of lottery tickets
or shares, less | 11 | | the amount retained as compensation for the sale of the tickets
| 12 | | or shares and the amount paid out as prizes, shall be paid over | 13 | | to a lottery
representative or deposited in a bank or savings | 14 | | and loan association approved
by the State Treasurer, as | 15 | | prescribed by the Superintendent.
| 16 | | No bank or savings and loan association shall receive | 17 | | public funds as
permitted by this Section, unless it has | 18 | | complied with the requirements
established pursuant to Section | 19 | | 6 of the Public Funds Investment Act.
| 20 | | Each payment or deposit shall be accompanied by a report of | 21 | | the agent's
receipts and transactions in the sale of lottery | 22 | | tickets in such form and
containing such information as the | 23 | | Superintendent may require. Any
discrepancies in such receipts | 24 | | and transactions may be resolved as
provided by the rules and | 25 | | regulations of the Department.
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| 1 | | If any money due the Lottery by a sales agent or | 2 | | distributor is not paid
when due or demanded, it shall | 3 | | immediately become delinquent and be billed
on a subsequent | 4 | | monthly statement. If on the closing date for any monthly
| 5 | | statement a delinquent amount previously billed of more than | 6 | | $50 remains
unpaid, interest in such amount shall be accrued at | 7 | | the rate of 2% per month
or fraction thereof from the date when | 8 | | such delinquent amount becomes past
due until such delinquent | 9 | | amount, including interest, penalty and other
costs and charges | 10 | | that the Department may incur in collecting such amounts, is
| 11 | | paid. In case any agent or distributor fails to pay any moneys | 12 | | due the Lottery
within 30 days after a second bill or statement | 13 | | is rendered to the agent or
distributor, such amount shall be | 14 | | deemed seriously delinquent and may be
referred by the | 15 | | Department to a collection agency or credit bureau for
| 16 | | collection. Any contract entered into by the Department for the | 17 | | collection of
seriously delinquent accounts with a collection | 18 | | agency or credit bureau may be
satisfied by a commercially | 19 | | reasonable percentage of the delinquent account
recouped, | 20 | | which shall be negotiated by the Department in accordance with
| 21 | | commercially accepted standards. Any costs incurred by the | 22 | | Department or
others authorized to act in its behalf in | 23 | | collecting such delinquencies may be
assessed against the agent | 24 | | or distributor and included as a part of the
delinquent | 25 | | account.
| 26 | | In case of failure of an agent or distributor to pay a |
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| 1 | | seriously delinquent
amount, or any portion thereof, including | 2 | | interest, penalty and costs,
the Department Division may issue | 3 | | a Notice of Assessment. In determining amounts
shown on the | 4 | | Notice of Assessment, the Department Division shall utilize the
| 5 | | financial information available from its records. Such Notice | 6 | | of
Assessment shall be prima facie correct and shall be prima | 7 | | facie evidence
of delinquent sums due under this Section at any | 8 | | hearing before the Board,
or its Hearing Officers, or at any | 9 | | other legal proceeding. Reproduced
copies of the Department's | 10 | | Division's records relating to a delinquent account or a
Notice | 11 | | of Assessment offered in the name of the Department, under the
| 12 | | Certificate of the Superintendent Director or any officer or | 13 | | employee of the Department
designated in writing by the | 14 | | Superintendent Director shall, without further proof, be
| 15 | | admitted into evidence in any such hearing or any legal | 16 | | proceeding and shall be
prima facie proof of the delinquency, | 17 | | including principal and any interest,
penalties and costs, as | 18 | | shown thereon. The Attorney General may bring suit on
behalf of | 19 | | the Department to collect all such delinquent amounts, or any | 20 | | portion
thereof, including interest, penalty and costs, due the | 21 | | Lottery.
| 22 | | Any person who accepts money that is due to the Department | 23 | | from the
sale of lottery tickets under this Act, but who | 24 | | wilfully fails to remit
such payment to the Department when due | 25 | | or who purports to make such payment
but wilfully fails to do | 26 | | so because his check or other remittance fails to
clear the |
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| 1 | | bank or savings and loan association against
which it is drawn, | 2 | | in
addition to the amount due and in addition to any other | 3 | | penalty provided by
law, shall be assessed, and shall pay, a | 4 | | penalty equal to 5% of the deficiency
plus any costs or charges | 5 | | incurred by the Department in collecting such amount.
| 6 | | The Superintendent Director may make such arrangements for | 7 | | any person(s), banks, savings and
loan associations or | 8 | | distributors, to perform such functions, activities or
| 9 | | services in connection with the operation of the lottery as he | 10 | | deems advisable
pursuant to this Act, the State Comptroller | 11 | | Act, or the rules and regulations of the Department,
and such | 12 | | functions, activities or services shall constitute lawful | 13 | | functions,
activities and services of such person(s), banks, | 14 | | savings and loan associations
or distributors.
| 15 | | All income arising out of any activity or purpose of the | 16 | | Department Division
shall,
pursuant to the State Finance Act, | 17 | | be paid into the State Treasury except as otherwise provided by | 18 | | the
rules and regulations of the Department and shall be | 19 | | covered into a special
fund to be known as the State Lottery | 20 | | Fund. Banks and savings and loan
associations may be | 21 | | compensated for services rendered based upon the activity
and | 22 | | amount of funds on deposit.
| 23 | | (Source: P.A. 94-776, eff. 5-19-06.)
| 24 | | (20 ILCS 1605/21.5)
| 25 | | Sec. 21.5. Ticket For The Cure. |
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| 1 | | (a) The Department shall offer a special instant | 2 | | scratch-off game with the title of "Ticket For The Cure". The | 3 | | game shall commence on January 1, 2006 or as soon thereafter, | 4 | | in the discretion of the Superintendent Director , as is | 5 | | reasonably practical, and shall be discontinued on December 31, | 6 | | 2011. The operation of the game shall be governed by this Act | 7 | | and any rules adopted by the Department. The Department must | 8 | | consult with the Ticket For The Cure Board, which is | 9 | | established under Section 2310-347 of the Department of Public | 10 | | Health Powers and Duties Law of the
Civil Administrative Code | 11 | | of Illinois, regarding the design and promotion of the game. If | 12 | | any provision of this Section is inconsistent with any other | 13 | | provision of this Act, then this Section governs. | 14 | | (b) The Carolyn Adams Ticket For The Cure Grant Fund is | 15 | | created as a special fund in the State treasury. The net | 16 | | revenue from the Ticket For The Cure special instant | 17 | | scratch-off game shall be deposited into the Fund for | 18 | | appropriation by the General Assembly solely to the Department | 19 | | of Public Health for the purpose of making grants to public or | 20 | | private entities in Illinois for the purpose of funding | 21 | | research concerning breast cancer and for funding services for | 22 | | breast cancer victims. The Department must, before grants are | 23 | | awarded, provide copies of all grant applications to the Ticket | 24 | | For The Cure Board, receive and review the Board's | 25 | | recommendations and comments, and consult with the Board | 26 | | regarding the grants. For purposes of this Section, the term |
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| 1 | | "research" includes, without limitation, expenditures to | 2 | | develop and advance the understanding, techniques, and | 3 | | modalities effective in the detection, prevention, screening, | 4 | | and treatment of breast cancer and may include clinical trials. | 5 | | The grant funds may not be used for institutional, | 6 | | organizational, or community-based overhead costs, indirect | 7 | | costs, or levies. | 8 | | Moneys received for the purposes of this Section, | 9 | | including, without limitation, net revenue from the special | 10 | | instant scratch-off game and gifts, grants, and awards from any | 11 | | public or private entity, must be deposited into the Fund. Any | 12 | | interest earned on moneys in the Fund must be deposited into | 13 | | the Fund. | 14 | | For purposes of this subsection, "net revenue" means the | 15 | | total amount for which tickets have been sold less the sum of | 16 | | the amount paid out in prizes and the actual administrative | 17 | | expenses of the Department solely related to the Ticket For The | 18 | | Cure game. | 19 | | (c) During the time that tickets are sold for the Ticket | 20 | | For The Cure game, the Department shall not unreasonably | 21 | | diminish the efforts devoted to marketing any other instant | 22 | | scratch-off lottery game. | 23 | | (d) The Department may adopt any rules necessary to | 24 | | implement and administer the provisions of this Section.
| 25 | | (Source: P.A. 96-1290, eff. 7-26-10.) |
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| 1 | | (20 ILCS 1605/21.6)
| 2 | | Sec. 21.6. Scratch-off for Illinois veterans. | 3 | | (a) The Department shall offer a special instant | 4 | | scratch-off game for the benefit of Illinois veterans. The game | 5 | | shall commence on January 1, 2006 or as soon thereafter, at the | 6 | | discretion of the Superintendent Director , as is reasonably | 7 | | practical. The operation of the game shall be governed by this | 8 | | Act and any rules adopted by the Department. If any provision | 9 | | of this Section is inconsistent with any other provision of | 10 | | this Act, then this Section governs. | 11 | | (b) The Illinois Veterans Assistance Fund is created as a | 12 | | special fund in the State treasury. The net revenue from the | 13 | | Illinois veterans scratch-off game shall be deposited into the | 14 | | Fund for appropriation by the General Assembly solely to the | 15 | | Department of Veterans Affairs for making grants, funding | 16 | | additional services, or conducting additional research | 17 | | projects relating to each of the following: | 18 | | (i) veterans' post traumatic stress disorder; | 19 | | (ii) veterans' homelessness; | 20 | | (iii) the health insurance costs of veterans; | 21 | | (iv) veterans' disability benefits, including but not | 22 | | limited to, disability benefits provided by veterans | 23 | | service organizations and veterans assistance commissions | 24 | | or centers; and | 25 | | (v) the long-term care of veterans; provided that, | 26 | | beginning with moneys appropriated for fiscal year 2008, no |
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| 1 | | more than 20% of such moneys shall be used for health | 2 | | insurance costs. | 3 | | In order to expend moneys from this special fund, | 4 | | beginning with moneys appropriated for fiscal year 2008, | 5 | | the Director of Veterans' Affairs shall appoint a 3-member | 6 | | funding authorization committee. The Superintendent | 7 | | Director shall designate one of the members as chairperson. | 8 | | The committee shall meet on a quarterly basis, at a | 9 | | minimum, and shall authorize expenditure of moneys from the | 10 | | special fund by a two-thirds vote. Decisions of the | 11 | | committee shall not take effect unless and until approved | 12 | | by the Director of Veterans' Affairs. Each member of the | 13 | | committee shall serve until a replacement is named by the | 14 | | Director of Veterans' Affairs. One member of the committee | 15 | | shall be a member of the Veterans' Advisory Council. | 16 | | Moneys collected from the special instant scratch-off game | 17 | | shall be used only as a supplemental financial resource and | 18 | | shall not supplant existing moneys that the Department of | 19 | | Veterans Affairs may currently expend for the purposes set | 20 | | forth in items (i) through (v).
| 21 | | Moneys received for the purposes of this Section, | 22 | | including, without limitation, net revenue from the special | 23 | | instant scratch-off game and from gifts, grants, and awards | 24 | | from any public or private entity, must be deposited into the | 25 | | Fund. Any interest earned on moneys in the Fund must be | 26 | | deposited into the Fund.
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| 1 | | For purposes of this subsection, "net revenue" means the | 2 | | total amount for which tickets have been sold less the sum of | 3 | | the amount paid out in the prizes and the actual administrative | 4 | | expenses of the Department solely related to the scratch-off | 5 | | game under this Section.
| 6 | | (c) During the time that tickets are sold for the Illinois | 7 | | veterans scratch-off game, the Department shall not | 8 | | unreasonably diminish the efforts devoted to marketing any | 9 | | other instant scratch-off lottery game. | 10 | | (d) The Department may adopt any rules necessary to | 11 | | implement and administer the provisions of this Section.
| 12 | | (Source: P.A. 94-585, eff. 8-15-05; 95-331, eff. 8-20-07; | 13 | | 95-649, eff. 10-11-07.) | 14 | | (20 ILCS 1605/21.7) | 15 | | Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off | 16 | | game. | 17 | | (a) The Department shall offer a special instant | 18 | | scratch-off game for the benefit of research pertaining to | 19 | | multiple sclerosis. The game shall commence on July 1, 2008 or | 20 | | as soon thereafter, in the discretion of the Superintendent | 21 | | Director , as is reasonably practical. The operation of the game | 22 | | shall be governed by this Act and any rules adopted by the | 23 | | Department. If any provision of this Section is inconsistent | 24 | | with any other provision of this Act, then this Section | 25 | | governs.
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| 1 | | (b) The Multiple Sclerosis Research Fund is created as a | 2 | | special fund in the State treasury. The net revenue from the | 3 | | scratch-out multiple sclerosis scratch-off game created under | 4 | | this Section shall be deposited into the Fund for appropriation | 5 | | by the General Assembly to the Department of Public Health for | 6 | | the purpose of making grants to organizations in Illinois that | 7 | | conduct research pertaining to the repair of damage caused by | 8 | | an acquired demyelinating disease of the central nervous | 9 | | system. | 10 | | Moneys received for the purposes of this Section, | 11 | | including, without limitation, net revenue from the special | 12 | | instant scratch-off game and from gifts, grants, and awards | 13 | | from any public or private entity, must be deposited into the | 14 | | Fund. Any interest earned on moneys in the Fund must be | 15 | | deposited into the Fund. | 16 | | For purposes of this Section, the term "research" includes,
| 17 | | without limitation, expenditures to develop and advance the
| 18 | | understanding, techniques, and modalities effective for
| 19 | | maintaining function, mobility, and strength through | 20 | | preventive physical therapy or other treatments and to develop
| 21 | | and advance the repair of myelin, neuron, and axon damage
| 22 | | caused by an acquired demyelinating disease of the central
| 23 | | nervous system and the restoration of function, including but
| 24 | | not limited to, nervous system repair or neuroregeneration. | 25 | | The
grant funds may not be used for institutional, | 26 | | organizational,
or community-based overhead costs, indirect |
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| 1 | | costs, or levies. | 2 | | For purposes of this subsection, "net revenue" means the | 3 | | total amount for which tickets have been sold less the sum of | 4 | | the amount paid out in the prizes and the actual administrative | 5 | | expenses of the Department solely related to the scratch-off | 6 | | game under this Section. | 7 | | (c) During the time that tickets are sold for the | 8 | | scratch-out multiple sclerosis scratch-off game, the | 9 | | Department shall not unreasonably diminish the efforts devoted | 10 | | to marketing any other instant scratch-off lottery game. | 11 | | (d) The Department may adopt any rules necessary to | 12 | | implement and administer the provisions of this Section.
| 13 | | (Source: P.A. 95-673, eff. 10-11-07; 95-876, eff. 8-21-08.) | 14 | | (20 ILCS 1605/21.8) | 15 | | Sec. 21.8. Quality of Life scratch-off game. | 16 | | (a) The Department shall offer a special instant | 17 | | scratch-off game with the title of "Quality of Life". The game | 18 | | shall commence on July 1, 2007 or as soon thereafter, in the | 19 | | discretion of the Superintendent Director , as is reasonably | 20 | | practical, and shall be discontinued on December 31, 2012. The | 21 | | operation of the game is governed by this Act and by any rules | 22 | | adopted by the Department. The Department must consult with the | 23 | | Quality of Life Board, which is established under Section | 24 | | 2310-348 of the Department of Public Health Powers and Duties | 25 | | Law of the
Civil Administrative Code of Illinois, regarding the |
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| 1 | | design and promotion of the game. If any provision of this | 2 | | Section is inconsistent with any other provision of this Act, | 3 | | then this Section governs. | 4 | | (b) The Quality of Life Endowment Fund is created as a | 5 | | special fund in the State treasury. The net revenue from the | 6 | | Quality of Life special instant scratch-off game must be | 7 | | deposited into the Fund for appropriation by the General | 8 | | Assembly solely to the Department of Public Health for the | 9 | | purpose of HIV/AIDS-prevention education and for making grants | 10 | | to public or private entities in Illinois for the purpose of | 11 | | funding organizations that serve the highest at-risk | 12 | | categories for contracting HIV or developing AIDS. Grants shall | 13 | | be targeted to serve at-risk populations in proportion to the | 14 | | distribution of recent reported Illinois HIV/AIDS cases among | 15 | | risk groups as reported by the Illinois Department of Public | 16 | | Health. The recipient organizations must be engaged in | 17 | | HIV/AIDS-prevention education and HIV/AIDS healthcare | 18 | | treatment. The Department must, before grants are awarded, | 19 | | provide copies of all grant applications to the Quality of Life | 20 | | Board, receive and review the Board's recommendations and | 21 | | comments, and consult with the Board regarding the grants. | 22 | | Organizational size will determine an organization's | 23 | | competitive slot in the "Request for Proposal" process. | 24 | | Organizations with an annual budget of $300,000 or less will | 25 | | compete with like size organizations for 50% of the Quality of | 26 | | Life annual fund. Organizations with an annual budget of |
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| 1 | | $300,001 to $700,000 will compete with like organizations for | 2 | | 25% of the Quality of Life annual fund, and organizations with | 3 | | an annual budget of $700,001 and upward will compete with like | 4 | | organizations for 25% of the Quality of Life annual fund. The | 5 | | lottery may designate a percentage of proceeds for marketing | 6 | | purpose. The grant funds may not be used for institutional, | 7 | | organizational, or community-based overhead costs, indirect | 8 | | costs, or levies. | 9 | | Grants awarded from the Fund are intended to augment the | 10 | | current and future State funding for the prevention and | 11 | | treatment of HIV/AIDS and are not intended to replace that | 12 | | funding.
| 13 | | Moneys received for the purposes of this Section, | 14 | | including, without limitation, net revenue from the special | 15 | | instant scratch-off game and gifts, grants, and awards from any | 16 | | public or private entity, must be deposited into the Fund. Any | 17 | | interest earned on moneys in the Fund must be deposited into | 18 | | the Fund. | 19 | | For purposes of this subsection, "net revenue" means the | 20 | | total amount for which tickets have been sold less the sum of | 21 | | the amount paid out in prizes and the actual administrative | 22 | | expenses of the Department solely related to the Quality of | 23 | | Life game. | 24 | | (c) During the time that tickets are sold for the Quality | 25 | | of Life game, the Department shall not unreasonably diminish | 26 | | the efforts devoted to marketing any other instant scratch-off |
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| 1 | | lottery game. | 2 | | (d) The Department may adopt any rules necessary to | 3 | | implement and administer the provisions of this Section in | 4 | | consultation with the Quality of Life Board.
| 5 | | (Source: P.A. 95-674, eff. 10-11-07; 95-876, eff. 8-21-08.)
| 6 | | (20 ILCS 1605/27) (from Ch. 120, par. 1177)
| 7 | | Sec. 27.
(a) The State Treasurer may, with the consent of | 8 | | the Superintendent Director ,
contract with any person or | 9 | | corporation, including, without limitation,
a bank, banking | 10 | | house, trust company or investment banking firm, to perform
| 11 | | such financial functions, activities or services in connection | 12 | | with operation
of the lottery as the State Treasurer and the | 13 | | Superintendent Director may prescribe.
| 14 | | (b) All proceeds from investments made pursuant to | 15 | | contracts executed by
the State Treasurer, with the consent of | 16 | | the Superintendent Director ,
to perform financial functions, | 17 | | activities or services in connection with
operation of the | 18 | | lottery, shall be deposited and held by the State Treasurer
as | 19 | | ex-officio custodian thereof, separate and apart from all
| 20 | | public money or funds of this State in a special trust fund | 21 | | outside the
State treasury. Such trust fund shall be known as | 22 | | the "Deferred Lottery
Prize Winners Trust Fund", and shall be | 23 | | administered by the Superintendent Director .
| 24 | | The Superintendent Director shall, at such times and in | 25 | | such amounts as shall be
necessary, prepare and send to the |
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| 1 | | State Comptroller vouchers requesting
payment from the | 2 | | Deferred Lottery Prize Winners Trust Fund to deferred
prize | 3 | | winners, in a manner that will insure the timely
payment of | 4 | | such amounts owed.
| 5 | | This Act shall constitute an irrevocable appropriation of | 6 | | all amounts
necessary for that purpose, and the irrevocable and | 7 | | continuing authority
for and direction to the Superintendent | 8 | | Director and the State Treasurer to
make the necessary payments | 9 | | out of such trust fund for that purpose.
| 10 | | (c) Moneys invested pursuant to subsection (a) of this | 11 | | Section may be
invested only in bonds, notes, certificates of | 12 | | indebtedness, treasury
bills, or other securities constituting | 13 | | direct obligations of the United
States of America and all | 14 | | securities or obligations the prompt payment of
principal and | 15 | | interest of which is guaranteed by a pledge of the full faith
| 16 | | and credit of the United States of America. Interest earnings | 17 | | on moneys in
the Deferred Lottery Prize Winners Trust Fund | 18 | | shall remain in such fund
and be used to pay the winners of | 19 | | lottery prizes deferred as to payment
until such obligations | 20 | | are discharged.
Proceeds from bonds purchased and interest | 21 | | accumulated as a result of a grand
prize multi-state game | 22 | | ticket that goes unclaimed will be transferred after the
| 23 | | termination of the relevant claim period directly from the | 24 | | lottery's Deferred
Lottery Prize Winners Trust Fund to each | 25 | | respective multi-state partner state
according to its | 26 | | contribution ratio.
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| 1 | | (c-5) If a deferred lottery prize is not claimed within the | 2 | | claim
period established by game rule, then the securities or | 3 | | other instruments
purchased to fund the prize shall be | 4 | | liquidated and the liquidated amount
shall be transferred to | 5 | | the State Lottery Fund for disposition pursuant to
Section 19 | 6 | | of
this Act.
| 7 | | (c-10) The Superintendent Director may use a portion of the | 8 | | moneys in the
Deferred
Lottery Prize Winners Trust Fund to | 9 | | purchase bonds
to pay a lifetime prize if the prize duration | 10 | | exceeds the length of available
securities. If the winner of a | 11 | | lifetime prize exceeds his or her life
expectancy as determined | 12 | | using actuarial assumptions and the securities or
moneys set | 13 | | aside to pay the prize have been exhausted, moneys in the State
| 14 | | Lottery Fund shall be used to make payments to the winner
for | 15 | | the duration of the winner's life.
| 16 | | (c-15) From time to time, the Superintendent Director may
| 17 | | request that the State Comptroller transfer any excess moneys | 18 | | in the Deferred
Lottery Prize Winners Trust Fund to the Lottery | 19 | | Fund.
| 20 | | (d) This amendatory Act of 1985 shall be construed | 21 | | liberally to effect
the purposes of the Illinois Lottery Law.
| 22 | | (Source: P.A. 89-466, eff. 6-13-96; 90-346, eff. 8-8-97.)
| 23 | | (20 ILCS 1605/29 new) | 24 | | Sec. 29. The Department of the Lottery. | 25 | | (a) Executive Order No. 2003-09 is hereby superseded by |
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| 1 | | this amendatory Act of the 97th General Assembly to the extent | 2 | | that Executive Order No. 2003-09 transfers the powers, duties, | 3 | | rights, and responsibilities of the Department of the Lottery | 4 | | to the Division of the Lottery within the Department of | 5 | | Revenue. | 6 | | (b) The Division of the Lottery within the Department of | 7 | | Revenue is hereby abolished and the Department of the Lottery | 8 | | is created as an independent department. On the effective date | 9 | | of this amendatory Act of the 97th General Assembly, all | 10 | | powers, duties, rights, and responsibilities of the Division of | 11 | | the Lottery within the Department of Revenue shall be | 12 | | transferred to the Department of the Lottery. | 13 | | (c) The personnel of the Division of the Lottery within the | 14 | | Department of Revenue shall be transferred to the Department of | 15 | | the Lottery. The status and rights of such employees under the | 16 | | Personnel Code shall not be affected by the transfer. The | 17 | | rights of the employees and the State of Illinois and its | 18 | | agencies under the Personnel Code and applicable collective | 19 | | bargaining agreements or under any pension, retirement, or | 20 | | annuity plan shall not be affected by this amendatory Act of | 21 | | the 97th General Assembly. To the extent that an employee | 22 | | performs duties for the Division of the Lottery within the | 23 | | Department of Revenue and the Department of Revenue itself or | 24 | | any other division or agency within the Department of Revenue, | 25 | | that employee shall be transferred at the Governor's | 26 | | discretion. |
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| 1 | | (d) All books, records, papers, documents, property (real | 2 | | and personal), contracts, causes of action, and pending | 3 | | business pertaining to the powers, duties, rights, and | 4 | | responsibilities transferred by this amendatory Act of the 97th | 5 | | General Assembly from the Division of the Lottery within the | 6 | | Department of Revenue to the Department of the Lottery, | 7 | | including, but not limited to, material in electronic or | 8 | | magnetic format and necessary computer hardware and software, | 9 | | shall be transferred to the Department of the Lottery. | 10 | | (e) All unexpended appropriations and balances and other | 11 | | funds available for use by the Division of the Lottery within | 12 | | the Department of Revenue shall be transferred for use by the | 13 | | Department of the Lottery pursuant to the direction of the | 14 | | Governor. Unexpended balances so transferred shall be expended | 15 | | only for the purpose for which the appropriations were | 16 | | originally made. | 17 | | (f) The powers, duties, rights, and responsibilities | 18 | | transferred from the Division of the Lottery within the | 19 | | Department of Revenue by this amendatory Act of the 97th | 20 | | General Assembly shall be vested in and shall be exercised by | 21 | | the Department of the Lottery. | 22 | | (g) Whenever reports or notices are now required to be made | 23 | | or given or papers or documents furnished or served by any | 24 | | person to or upon the Division of the Lottery within the | 25 | | Department of Revenue in connection with any of the powers, | 26 | | duties, rights, and responsibilities transferred by this |
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| 1 | | amendatory Act of the 97th General Assembly, the same shall be | 2 | | made, given, furnished, or served in the same manner to or upon | 3 | | the Department of the Lottery. | 4 | | (h) This amendatory Act of the 97th General Assembly does | 5 | | not affect any act done, ratified, or canceled or any right | 6 | | occurring or established or any action or proceeding had or | 7 | | commenced in an administrative, civil, or criminal cause by the | 8 | | Division of the Lottery within the Department of Revenue before | 9 | | this amendatory Act of the 97th General Assembly takes effect; | 10 | | such actions or proceedings may be prosecuted and continued by | 11 | | the Department of the Lottery. | 12 | | (i) Any rules of the Division of the Lottery within the | 13 | | Department of Revenue, including any rules of its predecessor | 14 | | Department of the Lottery, that relate to its powers, duties, | 15 | | rights, and responsibilities and are in full force on the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly shall become the rules of the recreated Department of | 18 | | the Lottery. This amendatory Act of the 97th General Assembly | 19 | | does not affect the legality of any such rules in the Illinois | 20 | | Administrative Code. | 21 | | Any proposed rules filed with the Secretary of State by the | 22 | | Division of the Lottery within the Department of Revenue that | 23 | | are pending in the rulemaking process on the effective date of | 24 | | this amendatory Act of the 97th General Assembly and pertain to | 25 | | the powers, duties, rights, and responsibilities transferred, | 26 | | shall be deemed to have been filed by the Department of the |
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| 1 | | Lottery. As soon as practicable hereafter, the Department of | 2 | | the Lottery shall revise and clarify the rules transferred to | 3 | | it under this amendatory Act of the 97th General Assembly to | 4 | | reflect the reorganization of powers, duties, rights, and | 5 | | responsibilities affected by this amendatory Act, using the | 6 | | procedures for recodification of rules available under the | 7 | | Illinois Administrative Procedures Act, except that existing | 8 | | title, part, and section numbering for the affected rules may | 9 | | be retained. The Department of the Lottery may propose and | 10 | | adopt under the Illinois Administrative Procedures Act such | 11 | | other rules of the Division of the Lottery within the | 12 | | Department of Revenue that will now be administered by the | 13 | | Department of the Lottery. | 14 | | To the extent that, prior to the effective date of this | 15 | | amendatory Act of the 97th General Assembly, the Superintendent | 16 | | of the Division of the Lottery within the Department of Revenue | 17 | | had been empowered to prescribe rules or had other rulemaking | 18 | | authority jointly with the Director of the Department of | 19 | | Revenue with regard to the powers, duties, rights, and | 20 | | responsibilities of the Division of the Lottery within the | 21 | | Department of Revenue, such duties shall be exercised from and | 22 | | after the effective date of this amendatory Act of the 97th | 23 | | General Assembly solely by the Superintendent of the Department | 24 | | of the Lottery. | 25 | | Section 15. The Department of Public Health Powers and |
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| 1 | | Duties Law of the
Civil Administrative Code of Illinois is | 2 | | amended by changing Section 2310-348 as follows: | 3 | | (20 ILCS 2310/2310-348)
| 4 | | Sec. 2310-348. The Quality of Life Board. | 5 | | (a) The Quality of Life Board is created as an advisory | 6 | | board within the Department. The Board shall consist of 11 | 7 | | members as follows: 2 members appointed by the President of the | 8 | | Senate; one member appointed by the Minority Leader of the | 9 | | Senate; 2 members appointed by the Speaker of the House of | 10 | | Representatives; one member appointed by the Minority Leader of | 11 | | the House of Representatives; 2 members appointed by the | 12 | | Governor, one of whom shall be designated as chair of the Board | 13 | | at the time of appointment; and 3 members appointed by the | 14 | | Director who represent organizations that advocate for the | 15 | | healthcare needs of the first and second highest HIV/AIDS risk | 16 | | groups, one each from the northern Illinois region, the central | 17 | | Illinois region, and the southern Illinois region. | 18 | | The Board members shall serve one 2-year term. If a vacancy | 19 | | occurs in the Board membership, the vacancy shall be filled in | 20 | | the same manner as the initial appointment. | 21 | | (b) Board members shall serve without compensation but may | 22 | | be reimbursed for their reasonable travel expenses from funds | 23 | | appropriated for that purpose. The Department shall provide | 24 | | staff and administrative support services to the Board. | 25 | | (c) The Board must: |
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| 1 | | (i) consult with the Department of the Lottery Revenue | 2 | | in designing and promoting the Quality of Life special | 3 | | instant scratch-off lottery game; and | 4 | | (ii) review grant applications, make recommendations | 5 | | and comments, and consult with the Department of Public | 6 | | Health in making grants, from amounts appropriated from the | 7 | | Quality of Life Endowment Fund, to public or private | 8 | | entities in Illinois for the purpose of | 9 | | HIV/AIDS-prevention education and for making grants to | 10 | | public or private entities in Illinois for the purpose of | 11 | | funding organizations that serve the highest at-risk | 12 | | categories for contracting HIV or developing AIDS in | 13 | | accordance with Section 21.7 of the Illinois Lottery Law. | 14 | | (d) The Board is discontinued on June 30, 2013.
| 15 | | (Source: P.A. 95-674, eff. 10-11-07.) | 16 | | Section 20. The Illinois Department of Revenue Sunshine Act | 17 | | is amended by changing Section 2.3 as follows:
| 18 | | (20 ILCS 2515/2.3) (from Ch. 127, par. 2002.3)
| 19 | | Sec. 2.3.
"Revenue laws" means any statutes, rules or | 20 | | regulations administered
or promulgated by the Department | 21 | | including those concerning the Illinois Lottery Law .
| 22 | | (Source: P.A. 82-727.)
| 23 | | (20 ILCS 5/5-370 rep.)
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| 1 | | Section 25. The Civil Administrative Code of Illinois is | 2 | | amended by repealing Section 5-370.
| 3 | | Section 99. Effective date. This Section and the changes | 4 | | to Sections 3, 5, and 9.1 of the Illinois Lottery Law take | 5 | | effect upon becoming law. The remainder of this Act takes | 6 | | effect on October 15, 2011. |
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