Sen. Mattie Hunter
Filed: 4/4/2014
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1 | AMENDMENT TO SENATE BILL 218
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2 | AMENDMENT NO. ______. Amend Senate Bill 218 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Lottery Law is amended by changing | ||||||
5 | Sections 2, 9.1, and 20 and by adding Section 21.9 as follows:
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6 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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7 | Sec. 2. This Act is enacted to implement and establish | ||||||
8 | within the State
a lottery to be conducted by the State through | ||||||
9 | the Department. The entire net proceeds of the Lottery
are to | ||||||
10 | be used for the support of the State's Common School Fund,
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11 | except as provided in subsection (o) of Section 9.1 and | ||||||
12 | Sections 21.2, 21.5, 21.6, 21.7, and 21.8 , and 21.9 . The | ||||||
13 | General Assembly finds that it is in the public interest for | ||||||
14 | the Department to conduct the functions of the Lottery with the | ||||||
15 | assistance of a private manager under a management agreement | ||||||
16 | overseen by the Department. The Department shall be accountable |
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1 | to the General Assembly and the people of the State through a | ||||||
2 | comprehensive system of regulation, audits, reports, and | ||||||
3 | enduring operational oversight. The Department's ongoing | ||||||
4 | conduct of the Lottery through a management agreement with a | ||||||
5 | private manager shall act to promote and ensure the integrity, | ||||||
6 | security, honesty, and fairness of the Lottery's operation and | ||||||
7 | administration. It is the intent of the General Assembly that | ||||||
8 | the Department shall conduct the Lottery with the assistance of | ||||||
9 | a private manager under a management agreement at all times in | ||||||
10 | a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), | ||||||
11 | 1953(b)(4).
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12 | (Source: P.A. 95-331, eff. 8-21-07; 95-673, eff. 10-11-07; | ||||||
13 | 95-674, eff. 10-11-07; 95-876, eff. 8-21-08; 96-34, eff. | ||||||
14 | 7-13-09.)
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15 | (20 ILCS 1605/9.1) | ||||||
16 | Sec. 9.1. Private manager and management agreement. | ||||||
17 | (a) As used in this Section: | ||||||
18 | "Offeror" means a person or group of persons that responds | ||||||
19 | to a request for qualifications under this Section. | ||||||
20 | "Request for qualifications" means all materials and | ||||||
21 | documents prepared by the Department to solicit the following | ||||||
22 | from offerors: | ||||||
23 | (1) Statements of qualifications. | ||||||
24 | (2) Proposals to enter into a management agreement, | ||||||
25 | including the identity of any prospective vendor or vendors |
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1 | that the offeror intends to initially engage to assist the | ||||||
2 | offeror in performing its obligations under the management | ||||||
3 | agreement. | ||||||
4 | "Final offer" means the last proposal submitted by an | ||||||
5 | offeror in response to the request for qualifications, | ||||||
6 | including the identity of any prospective vendor or vendors | ||||||
7 | that the offeror intends to initially engage to assist the | ||||||
8 | offeror in performing its obligations under the management | ||||||
9 | agreement. | ||||||
10 | "Final offeror" means the offeror ultimately selected by | ||||||
11 | the Governor to be the private manager for the Lottery under | ||||||
12 | subsection (h) of this Section. | ||||||
13 | (b) By September 15, 2010, the Governor shall select a | ||||||
14 | private manager for the total management of the Lottery with | ||||||
15 | integrated functions, such as lottery game design, supply of | ||||||
16 | goods and services, and advertising and as specified in this | ||||||
17 | Section. | ||||||
18 | (c) Pursuant to the terms of this subsection, the | ||||||
19 | Department shall endeavor to expeditiously terminate the | ||||||
20 | existing contracts in support of the Lottery in effect on the | ||||||
21 | effective date of this amendatory Act of the 96th General | ||||||
22 | Assembly in connection with the selection of the private | ||||||
23 | manager. As part of its obligation to terminate these contracts | ||||||
24 | and select the private manager, the Department shall establish | ||||||
25 | a mutually agreeable timetable to transfer the functions of | ||||||
26 | existing contractors to the private manager so that existing |
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1 | Lottery operations are not materially diminished or impaired | ||||||
2 | during the transition. To that end, the Department shall do the | ||||||
3 | following: | ||||||
4 | (1) where such contracts contain a provision | ||||||
5 | authorizing termination upon notice, the Department shall | ||||||
6 | provide notice of termination to occur upon the mutually | ||||||
7 | agreed timetable for transfer of functions; | ||||||
8 | (2) upon the expiration of any initial term or renewal | ||||||
9 | term of the current Lottery contracts, the Department shall | ||||||
10 | not renew such contract for a term extending beyond the | ||||||
11 | mutually agreed timetable for transfer of functions; or | ||||||
12 | (3) in the event any current contract provides for | ||||||
13 | termination of that contract upon the implementation of a | ||||||
14 | contract with the private manager, the Department shall | ||||||
15 | perform all necessary actions to terminate the contract on | ||||||
16 | the date that coincides with the mutually agreed timetable | ||||||
17 | for transfer of functions. | ||||||
18 | If the contracts to support the current operation of the | ||||||
19 | Lottery in effect on the effective date of this amendatory Act | ||||||
20 | of the 96th General Assembly are not subject to termination as | ||||||
21 | provided for in this subsection (c), then the Department may | ||||||
22 | include a provision in the contract with the private manager | ||||||
23 | specifying a mutually agreeable methodology for incorporation. | ||||||
24 | (c-5) The Department shall include provisions in the | ||||||
25 | management agreement whereby the private manager shall, for a | ||||||
26 | fee, and pursuant to a contract negotiated with the Department |
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1 | (the "Employee Use Contract"), utilize the services of current | ||||||
2 | Department employees to assist in the administration and | ||||||
3 | operation of the Lottery. The Department shall be the employer | ||||||
4 | of all such bargaining unit employees assigned to perform such | ||||||
5 | work for the private manager, and such employees shall be State | ||||||
6 | employees, as defined by the Personnel Code. Department | ||||||
7 | employees shall operate under the same employment policies, | ||||||
8 | rules, regulations, and procedures, as other employees of the | ||||||
9 | Department. In addition, neither historical representation | ||||||
10 | rights under the Illinois Public Labor Relations Act, nor | ||||||
11 | existing collective bargaining agreements, shall be disturbed | ||||||
12 | by the management agreement with the private manager for the | ||||||
13 | management of the Lottery. | ||||||
14 | (d) The management agreement with the private manager shall | ||||||
15 | include all of the following: | ||||||
16 | (1) A term not to exceed 10 years, including any | ||||||
17 | renewals. | ||||||
18 | (2) A provision specifying that the Department: | ||||||
19 | (A) shall exercise actual control over all | ||||||
20 | significant business decisions; | ||||||
21 | (A-5) has the authority to direct or countermand | ||||||
22 | operating decisions by the private manager at any time; | ||||||
23 | (B) has ready access at any time to information | ||||||
24 | regarding Lottery operations; | ||||||
25 | (C) has the right to demand and receive information | ||||||
26 | from the private manager concerning any aspect of the |
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1 | Lottery operations at any time; and | ||||||
2 | (D) retains ownership of all trade names, | ||||||
3 | trademarks, and intellectual property associated with | ||||||
4 | the Lottery. | ||||||
5 | (3) A provision imposing an affirmative duty on the | ||||||
6 | private manager to provide the Department with material | ||||||
7 | information and with any information the private manager | ||||||
8 | reasonably believes the Department would want to know to | ||||||
9 | enable the Department to conduct the Lottery. | ||||||
10 | (4) A provision requiring the private manager to | ||||||
11 | provide the Department with advance notice of any operating | ||||||
12 | decision that bears significantly on the public interest, | ||||||
13 | including, but not limited to, decisions on the kinds of | ||||||
14 | games to be offered to the public and decisions affecting | ||||||
15 | the relative risk and reward of the games being offered, so | ||||||
16 | the Department has a reasonable opportunity to evaluate and | ||||||
17 | countermand that decision. | ||||||
18 | (5) A provision providing for compensation of the | ||||||
19 | private manager that may consist of, among other things, a | ||||||
20 | fee for services and a performance based bonus as | ||||||
21 | consideration for managing the Lottery, including terms | ||||||
22 | that may provide the private manager with an increase in | ||||||
23 | compensation if Lottery revenues grow by a specified | ||||||
24 | percentage in a given year. | ||||||
25 | (6) (Blank). | ||||||
26 | (7) A provision requiring the deposit of all Lottery |
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1 | proceeds to be deposited into the State Lottery Fund except | ||||||
2 | as otherwise provided in Section 20 of this Act. | ||||||
3 | (8) A provision requiring the private manager to locate | ||||||
4 | its principal office within the State. | ||||||
5 | (8-5) A provision encouraging that at least 20% of the | ||||||
6 | cost of contracts entered into for goods and services by | ||||||
7 | the private manager in connection with its management of | ||||||
8 | the Lottery, other than contracts with sales agents or | ||||||
9 | technical advisors, be awarded to businesses that are a | ||||||
10 | minority owned business, a female owned business, or a | ||||||
11 | business owned by a person with disability, as those terms | ||||||
12 | are defined in the Business Enterprise for Minorities, | ||||||
13 | Females, and Persons with Disabilities Act. | ||||||
14 | (9) A requirement that so long as the private manager | ||||||
15 | complies with all the conditions of the agreement under the | ||||||
16 | oversight of the Department, the private manager shall have | ||||||
17 | the following duties and obligations with respect to the | ||||||
18 | management of the Lottery: | ||||||
19 | (A) The right to use equipment and other assets | ||||||
20 | used in the operation of the Lottery. | ||||||
21 | (B) The rights and obligations under contracts | ||||||
22 | with retailers and vendors. | ||||||
23 | (C) The implementation of a comprehensive security | ||||||
24 | program by the private manager. | ||||||
25 | (D) The implementation of a comprehensive system | ||||||
26 | of internal audits. |
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1 | (E) The implementation of a program by the private | ||||||
2 | manager to curb compulsive gambling by persons playing | ||||||
3 | the Lottery. | ||||||
4 | (F) A system for determining (i) the type of | ||||||
5 | Lottery games, (ii) the method of selecting winning | ||||||
6 | tickets, (iii) the manner of payment of prizes to | ||||||
7 | holders of winning tickets, (iv) the frequency of | ||||||
8 | drawings of winning tickets, (v) the method to be used | ||||||
9 | in selling tickets, (vi) a system for verifying the | ||||||
10 | validity of tickets claimed to be winning tickets, | ||||||
11 | (vii) the basis upon which retailer commissions are | ||||||
12 | established by the manager, and (viii) minimum | ||||||
13 | payouts. | ||||||
14 | (10) A requirement that advertising and promotion must | ||||||
15 | be consistent with Section 7.8a of this Act. | ||||||
16 | (11) A requirement that the private manager market the | ||||||
17 | Lottery to those residents who are new, infrequent, or | ||||||
18 | lapsed players of the Lottery, especially those who are | ||||||
19 | most likely to make regular purchases on the Internet as | ||||||
20 | permitted by law. | ||||||
21 | (12) A code of ethics for the private manager's | ||||||
22 | officers and employees. | ||||||
23 | (13) A requirement that the Department monitor and | ||||||
24 | oversee the private manager's practices and take action | ||||||
25 | that the Department considers appropriate to ensure that | ||||||
26 | the private manager is in compliance with the terms of the |
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1 | management agreement, while allowing the manager, unless | ||||||
2 | specifically prohibited by law or the management | ||||||
3 | agreement, to negotiate and sign its own contracts with | ||||||
4 | vendors. | ||||||
5 | (14) A provision requiring the private manager to | ||||||
6 | periodically file, at least on an annual basis, appropriate | ||||||
7 | financial statements in a form and manner acceptable to the | ||||||
8 | Department. | ||||||
9 | (15) Cash reserves requirements. | ||||||
10 | (16) Procedural requirements for obtaining the prior | ||||||
11 | approval of the Department when a management agreement or | ||||||
12 | an interest in a management agreement is sold, assigned, | ||||||
13 | transferred, or pledged as collateral to secure financing. | ||||||
14 | (17) Grounds for the termination of the management | ||||||
15 | agreement by the Department or the private manager. | ||||||
16 | (18) Procedures for amendment of the agreement. | ||||||
17 | (19) A provision requiring the private manager to | ||||||
18 | engage in an open and competitive bidding process for any | ||||||
19 | procurement having a cost in excess of $50,000 that is not | ||||||
20 | a part of the private manager's final offer. The process | ||||||
21 | shall favor the selection of a vendor deemed to have | ||||||
22 | submitted a proposal that provides the Lottery with the | ||||||
23 | best overall value. The process shall not be subject to the | ||||||
24 | provisions of the Illinois Procurement Code, unless | ||||||
25 | specifically required by the management agreement. | ||||||
26 | (20) The transition of rights and obligations, |
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1 | including any associated equipment or other assets used in | ||||||
2 | the operation of the Lottery, from the manager to any | ||||||
3 | successor manager of the lottery, including the | ||||||
4 | Department, following the termination of or foreclosure | ||||||
5 | upon the management agreement. | ||||||
6 | (21) Right of use of copyrights, trademarks, and | ||||||
7 | service marks held by the Department in the name of the | ||||||
8 | State. The agreement must provide that any use of them by | ||||||
9 | the manager shall only be for the purpose of fulfilling its | ||||||
10 | obligations under the management agreement during the term | ||||||
11 | of the agreement. | ||||||
12 | (22) The disclosure of any information requested by the | ||||||
13 | Department to enable it to comply with the reporting | ||||||
14 | requirements and information requests provided for under | ||||||
15 | subsection (p) of this Section. | ||||||
16 | (e) Notwithstanding any other law to the contrary, the | ||||||
17 | Department shall select a private manager through a competitive | ||||||
18 | request for qualifications process consistent with Section | ||||||
19 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
20 | account: | ||||||
21 | (1) the offeror's ability to market the Lottery to | ||||||
22 | those residents who are new, infrequent, or lapsed players | ||||||
23 | of the Lottery, especially those who are most likely to | ||||||
24 | make regular purchases on the Internet; | ||||||
25 | (2) the offeror's ability to address the State's | ||||||
26 | concern with the social effects of gambling on those who |
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1 | can least afford to do so; | ||||||
2 | (3) the offeror's ability to provide the most | ||||||
3 | successful management of the Lottery for the benefit of the | ||||||
4 | people of the State based on current and past business | ||||||
5 | practices or plans of the offeror; and | ||||||
6 | (4) the offeror's poor or inadequate past performance | ||||||
7 | in servicing, equipping, operating or managing a lottery on | ||||||
8 | behalf of Illinois, another State or foreign government and | ||||||
9 | attracting persons who are not currently regular players of | ||||||
10 | a lottery. | ||||||
11 | (f) The Department may retain the services of an advisor or | ||||||
12 | advisors with significant experience in financial services or | ||||||
13 | the management, operation, and procurement of goods, services, | ||||||
14 | and equipment for a government-run lottery to assist in the | ||||||
15 | preparation of the terms of the request for qualifications and | ||||||
16 | selection of the private manager. Any prospective advisor | ||||||
17 | seeking to provide services under this subsection (f) shall | ||||||
18 | disclose any material business or financial relationship | ||||||
19 | during the past 3 years with any potential offeror, or with a | ||||||
20 | contractor or subcontractor presently providing goods, | ||||||
21 | services, or equipment to the Department to support the | ||||||
22 | Lottery. The Department shall evaluate the material business or | ||||||
23 | financial relationship of each prospective advisor. The | ||||||
24 | Department shall not select any prospective advisor with a | ||||||
25 | substantial business or financial relationship that the | ||||||
26 | Department deems to impair the objectivity of the services to |
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1 | be provided by the prospective advisor. During the course of | ||||||
2 | the advisor's engagement by the Department, and for a period of | ||||||
3 | one year thereafter, the advisor shall not enter into any | ||||||
4 | business or financial relationship with any offeror or any | ||||||
5 | vendor identified to assist an offeror in performing its | ||||||
6 | obligations under the management agreement. Any advisor | ||||||
7 | retained by the Department shall be disqualified from being an | ||||||
8 | offeror.
The Department shall not include terms in the request | ||||||
9 | for qualifications that provide a material advantage whether | ||||||
10 | directly or indirectly to any potential offeror, or any | ||||||
11 | contractor or subcontractor presently providing goods, | ||||||
12 | services, or equipment to the Department to support the | ||||||
13 | Lottery, including terms contained in previous responses to | ||||||
14 | requests for proposals or qualifications submitted to | ||||||
15 | Illinois, another State or foreign government when those terms | ||||||
16 | are uniquely associated with a particular potential offeror, | ||||||
17 | contractor, or subcontractor. The request for proposals | ||||||
18 | offered by the Department on December 22, 2008 as | ||||||
19 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
20 | void. | ||||||
21 | (g) The Department shall select at least 2 offerors as | ||||||
22 | finalists to potentially serve as the private manager no later | ||||||
23 | than August 9, 2010. Upon making preliminary selections, the | ||||||
24 | Department shall schedule a public hearing on the finalists' | ||||||
25 | proposals and provide public notice of the hearing at least 7 | ||||||
26 | calendar days before the hearing. The notice must include all |
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1 | of the following: | ||||||
2 | (1) The date, time, and place of the hearing. | ||||||
3 | (2) The subject matter of the hearing. | ||||||
4 | (3) A brief description of the management agreement to | ||||||
5 | be awarded. | ||||||
6 | (4) The identity of the offerors that have been | ||||||
7 | selected as finalists to serve as the private manager. | ||||||
8 | (5) The address and telephone number of the Department. | ||||||
9 | (h) At the public hearing, the Department shall (i) provide | ||||||
10 | sufficient time for each finalist to present and explain its | ||||||
11 | proposal to the Department and the Governor or the Governor's | ||||||
12 | designee, including an opportunity to respond to questions | ||||||
13 | posed by the Department, Governor, or designee and (ii) allow | ||||||
14 | the public and non-selected offerors to comment on the | ||||||
15 | presentations. The Governor or a designee shall attend the | ||||||
16 | public hearing. After the public hearing, the Department shall | ||||||
17 | have 14 calendar days to recommend to the Governor whether a | ||||||
18 | management agreement should be entered into with a particular | ||||||
19 | finalist. After reviewing the Department's recommendation, the | ||||||
20 | Governor may accept or reject the Department's recommendation, | ||||||
21 | and shall select a final offeror as the private manager by | ||||||
22 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
23 | or before September 15, 2010. The Governor shall include in the | ||||||
24 | notice a detailed explanation and the reasons why the final | ||||||
25 | offeror is superior to other offerors and will provide | ||||||
26 | management services in a manner that best achieves the |
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1 | objectives of this Section. The Governor shall also sign the | ||||||
2 | management agreement with the private manager. | ||||||
3 | (i) Any action to contest the private manager selected by | ||||||
4 | the Governor under this Section must be brought within 7 | ||||||
5 | calendar days after the publication of the notice of the | ||||||
6 | designation of the private manager as provided in subsection | ||||||
7 | (h) of this Section. | ||||||
8 | (j) The Lottery shall remain, for so long as a private | ||||||
9 | manager manages the Lottery in accordance with provisions of | ||||||
10 | this Act, a Lottery conducted by the State, and the State shall | ||||||
11 | not be authorized to sell or transfer the Lottery to a third | ||||||
12 | party. | ||||||
13 | (k) Any tangible personal property used exclusively in | ||||||
14 | connection with the lottery that is owned by the Department and | ||||||
15 | leased to the private manager shall be owned by the Department | ||||||
16 | in the name of the State and shall be considered to be public | ||||||
17 | property devoted to an essential public and governmental | ||||||
18 | function. | ||||||
19 | (l) The Department may exercise any of its powers under | ||||||
20 | this Section or any other law as necessary or desirable for the | ||||||
21 | execution of the Department's powers under this Section. | ||||||
22 | (m) Neither this Section nor any management agreement | ||||||
23 | entered into under this Section prohibits the General Assembly | ||||||
24 | from authorizing forms of gambling that are not in direct | ||||||
25 | competition with the Lottery. | ||||||
26 | (n) The private manager shall be subject to a complete |
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1 | investigation in the third, seventh, and tenth years of the | ||||||
2 | agreement (if the agreement is for a 10-year term) by the | ||||||
3 | Department in cooperation with the Auditor General to determine | ||||||
4 | whether the private manager has complied with this Section and | ||||||
5 | the management agreement. The private manager shall bear the | ||||||
6 | cost of an investigation or reinvestigation of the private | ||||||
7 | manager under this subsection. | ||||||
8 | (o) The powers conferred by this Section are in addition | ||||||
9 | and supplemental to the powers conferred by any other law. If | ||||||
10 | any other law or rule is inconsistent with this Section, | ||||||
11 | including, but not limited to, provisions of the Illinois | ||||||
12 | Procurement Code, then this Section controls as to any | ||||||
13 | management agreement entered into under this Section. This | ||||||
14 | Section and any rules adopted under this Section contain full | ||||||
15 | and complete authority for a management agreement between the | ||||||
16 | Department and a private manager. No law, procedure, | ||||||
17 | proceeding, publication, notice, consent, approval, order, or | ||||||
18 | act by the Department or any other officer, Department, agency, | ||||||
19 | or instrumentality of the State or any political subdivision is | ||||||
20 | required for the Department to enter into a management | ||||||
21 | agreement under this Section. This Section contains full and | ||||||
22 | complete authority for the Department to approve any contracts | ||||||
23 | entered into by a private manager with a vendor providing | ||||||
24 | goods, services, or both goods and services to the private | ||||||
25 | manager under the terms of the management agreement, including | ||||||
26 | subcontractors of such vendors. |
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1 | Upon receipt of a written request from the Chief | ||||||
2 | Procurement Officer, the Department shall provide to the Chief | ||||||
3 | Procurement Officer a complete and un-redacted copy of the | ||||||
4 | management agreement or any contract that is subject to the | ||||||
5 | Department's approval authority under this subsection (o). The | ||||||
6 | Department shall provide a copy of the agreement or contract to | ||||||
7 | the Chief Procurement Officer in the time specified by the | ||||||
8 | Chief Procurement Officer in his or her written request, but no | ||||||
9 | later than 5 business days after the request is received by the | ||||||
10 | Department. The Chief Procurement Officer must retain any | ||||||
11 | portions of the management agreement or of any contract | ||||||
12 | designated by the Department as confidential, proprietary, or | ||||||
13 | trade secret information in complete confidence pursuant to | ||||||
14 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
15 | The Department shall also provide the Chief Procurement Officer | ||||||
16 | with reasonable advance written notice of any contract that is | ||||||
17 | pending Department approval. | ||||||
18 | Notwithstanding any other provision of this Section to the | ||||||
19 | contrary, the Chief Procurement Officer shall adopt | ||||||
20 | administrative rules, including emergency rules, to establish | ||||||
21 | a procurement process to select a successor private manager if | ||||||
22 | a private management agreement has been terminated. The | ||||||
23 | selection process shall at a minimum take into account the | ||||||
24 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
25 | of this Section and may include provisions consistent with | ||||||
26 | subsections (f), (g), (h), and (i) of this Section. The Chief |
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1 | Procurement Officer shall also implement and administer the | ||||||
2 | adopted selection process upon the termination of a private | ||||||
3 | management agreement. The Department, after the Chief | ||||||
4 | Procurement Officer certifies that the procurement process has | ||||||
5 | been followed in accordance with the rules adopted under this | ||||||
6 | subsection (o), shall select a final offeror as the private | ||||||
7 | manager and sign the management agreement with the private | ||||||
8 | manager. | ||||||
9 | Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and | ||||||
10 | 21.8 , and 21.9 , the Department shall distribute all proceeds of | ||||||
11 | lottery tickets and shares sold in the following priority and | ||||||
12 | manner: | ||||||
13 | (1) The payment of prizes and retailer bonuses. | ||||||
14 | (2) The payment of costs incurred in the operation and | ||||||
15 | administration of the Lottery, including the payment of | ||||||
16 | sums due to the private manager under the management | ||||||
17 | agreement with the Department. | ||||||
18 | (3) On the last day of each month or as soon thereafter | ||||||
19 | as possible, the State Comptroller shall direct and the | ||||||
20 | State Treasurer shall transfer from the State Lottery Fund | ||||||
21 | to the Common School Fund an amount that is equal to the | ||||||
22 | proceeds transferred in the corresponding month of fiscal | ||||||
23 | year 2009, as adjusted for inflation, to the Common School | ||||||
24 | Fund. | ||||||
25 | (4) On or before the last day of each fiscal year, | ||||||
26 | deposit any remaining proceeds, subject to payments under |
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1 | items (1), (2), and (3) into the Capital Projects Fund each | ||||||
2 | fiscal year. | ||||||
3 | (p) The Department shall be subject to the following | ||||||
4 | reporting and information request requirements: | ||||||
5 | (1) the Department shall submit written quarterly | ||||||
6 | reports to the Governor and the General Assembly on the | ||||||
7 | activities and actions of the private manager selected | ||||||
8 | under this Section; | ||||||
9 | (2) upon request of the Chief Procurement Officer, the | ||||||
10 | Department shall promptly produce information related to | ||||||
11 | the procurement activities of the Department and the | ||||||
12 | private manager requested by the Chief Procurement | ||||||
13 | Officer; the Chief Procurement Officer must retain | ||||||
14 | confidential, proprietary, or trade secret information | ||||||
15 | designated by the Department in complete confidence | ||||||
16 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
17 | Information Act; and | ||||||
18 | (3) at least 30 days prior to the beginning of the | ||||||
19 | Department's fiscal year, the Department shall prepare an | ||||||
20 | annual written report on the activities of the private | ||||||
21 | manager selected under this Section and deliver that report | ||||||
22 | to the Governor and General Assembly. | ||||||
23 | (Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13.)
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24 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
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25 | Sec. 20. State Lottery Fund.
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1 | (a) There is created in the State Treasury a special fund | ||||||
2 | to be
known as the "State Lottery Fund". Such fund shall | ||||||
3 | consist of all revenues
received from (1) the sale of lottery | ||||||
4 | tickets or shares, (net of
commissions, fees
representing those | ||||||
5 | expenses that are directly proportionate to the
sale of tickets | ||||||
6 | or shares at the agent location, and prizes of less
than
$600 | ||||||
7 | which
have been validly paid at the agent
level), (2) | ||||||
8 | application fees,
and (3) all other sources including moneys | ||||||
9 | credited or transferred thereto
from
any other fund
or source | ||||||
10 | pursuant to law. Interest earnings of the State Lottery Fund
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11 | shall be credited to the Common School Fund.
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12 | (b) The receipt and distribution of moneys under Section | ||||||
13 | 21.5 of this Act shall be in accordance with Section 21.5.
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14 | (c) The receipt and distribution of moneys under Section | ||||||
15 | 21.6 of this Act shall be in accordance with Section 21.6. | ||||||
16 | (d) The receipt and distribution of moneys under Section | ||||||
17 | 21.7 of this Act shall be in accordance with Section 21.7.
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18 | (e)
The receipt and distribution of moneys under Section | ||||||
19 | 21.8
of this Act shall be in accordance with Section 21.8.
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20 | (f) The receipt and distribution of moneys under Section | ||||||
21 | 21.9 of this Act shall be in accordance with Section 21.9. | ||||||
22 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
23 | 95-331, eff. 8-21-07; 95-673, eff. 10-11-07; 95-674, eff. | ||||||
24 | 10-11-07; 95-876, eff. 8-21-08.)
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25 | (20 ILCS 1605/21.9 new) |
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1 | Sec. 21.9. Ticket For Recovery scratch-off game. | ||||||
2 | (a) The Department shall offer a special instant | ||||||
3 | scratch-off game with the title "Ticket For Recovery", which | ||||||
4 | shall commence on January 1, 2014, or as soon thereafter as is, | ||||||
5 | in the view of the Director, reasonably practical, and shall be | ||||||
6 | discontinued on December 31, 2021. The operation of the game is | ||||||
7 | governed by this Act and any rules adopted by the Department. | ||||||
8 | The Department must consult with the Ticket For Recovery Board | ||||||
9 | established under Section 2310-354 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 C. Vincent Bakeman Ticket For Recovery Grant Fund | ||||||
15 | is created as a special fund in the State treasury. The net | ||||||
16 | revenue from the Ticket For Recovery special instant | ||||||
17 | scratch-off game must 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 supporting | ||||||
21 | persons in mental health and substance abuse recovery. The | ||||||
22 | Department of Public Health must, before grants are awarded, | ||||||
23 | provide copies of all grant applications to the Ticket For | ||||||
24 | Recovery Board, receive and review the Board's recommendations | ||||||
25 | and comments, and consult with the Board regarding the grants. | ||||||
26 | For the purposes of this Section, the term "support" includes |
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1 | without limitation expenditures for housing assistance, job | ||||||
2 | training, transportation, child care, aftercare, and the | ||||||
3 | research and development of best practice modalities effective | ||||||
4 | in the prevention, screening, and treatment of mental health | ||||||
5 | and substance abuse, and may include clinical trials. The grant | ||||||
6 | funds may not be used for institutional, organizational, or | ||||||
7 | community-based overhead costs, indirect costs, or levies. | ||||||
8 | Moneys received for the purposes of this Section, including | ||||||
9 | without limitation net revenue from the special instant | ||||||
10 | scratch-off game and from 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 the purposes of this subsection, "net revenue" means | ||||||
15 | the total amount for which tickets have been sold less the sum | ||||||
16 | of the amount paid out in the prizes and the actual | ||||||
17 | administrative expenses of the Department solely related to the | ||||||
18 | Ticket For Recovery scratch-off game. | ||||||
19 | (c) During the time that tickets are sold for the Ticket | ||||||
20 | For Recovery scratch-off game, the Department shall not | ||||||
21 | unreasonably diminish the efforts devoted to marketing any | ||||||
22 | other instant scratch-off lottery game. | ||||||
23 | (d) The Department may adopt any rules necessary to | ||||||
24 | implement and administer the provisions of this Section in | ||||||
25 | consultation with the Ticket for Recovery Board. |
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1 | Section 10. The Department of Public Health Powers and | ||||||
2 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by adding Section 2310-354 as follows: | ||||||
4 | (20 ILCS 2310/2310-354 new) | ||||||
5 | Sec. 2310-354. The Ticket For Recovery Board. | ||||||
6 | (a) The Ticket For Recovery Board is created as an advisory | ||||||
7 | board within the Department. The Board shall consist of 10 | ||||||
8 | members as follows: 2 members appointed by the President of the | ||||||
9 | Senate; 2 members appointed by the Minority Leader of the | ||||||
10 | Senate; 2 members appointed by the Speaker of the House of | ||||||
11 | Representatives; 2 members appointed by the Minority Leader of | ||||||
12 | the House of Representatives; and 2 members appointed by the | ||||||
13 | Governor. | ||||||
14 | The Board members shall serve one 2-year term. If a vacancy | ||||||
15 | occurs in the Board membership, the vacancy shall be filled in | ||||||
16 | the same manner as the initial appointment. | ||||||
17 | (b) Board members shall serve without compensation, but may | ||||||
18 | be reimbursed for their reasonable travel expenses from funds | ||||||
19 | appropriated for that purpose. The Department shall provide | ||||||
20 | staff and administrative support services to the Board. | ||||||
21 | (c) The Board must: | ||||||
22 | (1) consult with the Department of the Lottery in | ||||||
23 | designing and promoting the Ticket for Recovery special | ||||||
24 | instant scratch-off game; and | ||||||
25 | (2) review grant applications, make recommendations |
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1 | and comments, and consult with the Department of Public | ||||||
2 | Health in making grants from amounts appropriated from the | ||||||
3 | C. Vincent Bakeman Ticket For Recovery Grant Fund to public | ||||||
4 | or private entities in Illinois for the purpose of funding | ||||||
5 | supplemental behavioral health services and for funding | ||||||
6 | services for mental health and substance abuse in | ||||||
7 | accordance with Section 21.9 of the Illinois Lottery Law. | ||||||
8 | (d) The Board is discontinued on June 30, 2022. | ||||||
9 | (e) This Section is repealed on January 1, 2023. | ||||||
10 | Section 15. The State Finance Act is amended by adding | ||||||
11 | Section 5.855 as follows: | ||||||
12 | (30 ILCS 105/5.855 new) | ||||||
13 | Sec. 5.855. The C. Vincent Bakeman Ticket For Recovery | ||||||
14 | Grant Fund.
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15 | Section 99. Effective date. This Act takes effect July 1, | ||||||
16 | 2014.".
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