Bill Text: IL SB0270 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the General Assembly Staff Assistants Act. Makes a technical change in a Section concerning the employment and allocation of staff assistants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0464 [SB0270 Detail]
Download: Illinois-2011-SB0270-Enrolled.html
Bill Title: Amends the General Assembly Staff Assistants Act. Makes a technical change in a Section concerning the employment and allocation of staff assistants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0464 [SB0270 Detail]
Download: Illinois-2011-SB0270-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Sections 5-20 and 5-175 as follows:
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6 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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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.
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13 | The following officers are hereby created:
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14 | Director of Aging, for the Department on Aging.
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15 | Director of Agriculture, for the Department of | ||||||
16 | Agriculture.
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17 | Director of Central Management Services, for the | ||||||
18 | Department of Central
Management Services.
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19 | Director of Children and Family Services, for the | ||||||
20 | Department of Children and
Family Services.
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21 | Director of Commerce and Economic Opportunity, for
the | ||||||
22 | Department of Commerce
and Economic Opportunity.
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23 | Director of Corrections, for the Department of |
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1 | Corrections.
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2 | Director of the Illinois Emergency Management Agency, for | ||||||
3 | the Illinois Emergency Management Agency.
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4 | Director of Employment Security, for the Department of | ||||||
5 | Employment Security.
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6 | Secretary of Financial and Professional Regulation, for | ||||||
7 | the Department of Financial and Professional Regulation.
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8 | Director of Healthcare and Family Services, for the | ||||||
9 | Department of Healthcare and Family Services.
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10 | Director of Human Rights, for the Department of Human | ||||||
11 | Rights.
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12 | Secretary of Human Services, for the Department of Human | ||||||
13 | Services.
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14 | Director of the Illinois Power Agency, for the Illinois | ||||||
15 | Power Agency.
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16 | Director of Juvenile Justice, for the Department of | ||||||
17 | Juvenile Justice.
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18 | Director of Labor, for the Department of Labor.
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19 | Director of the Lottery, for the Department of the Lottery.
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20 | Director of Natural Resources, for the Department of | ||||||
21 | Natural Resources.
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22 | Director of Public Health, for the Department of Public | ||||||
23 | Health.
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24 | Director of Revenue, for the Department of Revenue.
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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.
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3 | Director of Veterans' Affairs, for the Department of | ||||||
4 | Veterans' Affairs.
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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.)
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7 | (20 ILCS 5/5-175) (was 20 ILCS 5/5.12)
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8 | Sec. 5-175. In the Department of Revenue. Assistant | ||||||
9 | Director of
Revenue ;
and State Lottery Superintendent .
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10 | (Source: P.A. 91-239, eff. 1-1-00.)
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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:
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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
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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.
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11 | h. "Superintendent" means the Superintendent of the | ||||||
12 | Department Division of the State Lottery of the Department of | ||||||
13 | Revenue .
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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.)
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15 | (20 ILCS 1605/4) (from Ch. 120, par. 1154)
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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.
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24 | (Source: P.A. 94-776, eff. 5-19-06.)
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1 | (20 ILCS 1605/5) (from Ch. 120, par. 1155)
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2 | Sec. 5. (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
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8 | expire on the third Monday of January in odd numbered years | ||||||
9 | provided that
he or she shall hold office until a successor is | ||||||
10 | appointed and qualified. The annual salary of the | ||||||
11 | Superintendent is $142,000.
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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.
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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.
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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.)
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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
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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.
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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
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18 | thereafter, and until their successors are appointed and | ||||||
19 | qualified.
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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.
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23 | Any member of the Board may be removed by the Governor for | ||||||
24 | neglect of
duty, misfeasance, malfeasance, or nonfeasance in | ||||||
25 | office.
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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
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7 | make a full financial disclosure upon appointment.
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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.
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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.
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18 | (Source: P.A. 84-1128.)
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19 | (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
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20 | Sec. 7.1. The Department shall promulgate such rules and
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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
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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 .
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22 | (Source: P.A. 94-776, eff. 5-19-06.)
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23 | (20 ILCS 1605/7.6) (from Ch. 120, par. 1157.6)
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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.
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5 | (Source: P.A. 94-776, eff. 5-19-06.)
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6 | (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
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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
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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
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17 | promotional materials shall be deposited in the State Lottery | ||||||
18 | Fund in the
State Treasury.
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19 | (Source: P.A. 94-776, eff. 5-19-06.)
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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 |
| |||||||
| |||||||
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.)
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
1 | Section 25. The Civil Administrative Code of Illinois is | ||||||
2 | amended by repealing Section 5-370.
|