Full Text of SB1427 100th General Assembly
SB1427sam001 100TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 5/16/2017
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| 1 | | AMENDMENT TO SENATE BILL 1427
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1427 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Lottery Law is amended by changing | 5 | | Sections 3 and 7.12 as follows: | 6 | | (20 ILCS 1605/3) (from Ch. 120, par. 1153) | 7 | | Sec. 3. For the purposes of this Act: | 8 | | a. "Lottery" or "State Lottery" means the lottery , or | 9 | | lotteries , or the policy game commonly known as keno as
| 10 | | established and operated pursuant to this Act. | 11 | | b. "Board" means the Lottery Control Board created by this | 12 | | Act. | 13 | | c. "Department" means the Department of the Lottery. | 14 | | d. (Blank). | 15 | | e. "Chairman" means the Chairman of the Lottery Control | 16 | | Board. |
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| 1 | | f. "Multi-state game directors" means such persons, | 2 | | including the
Director, as may be designated by an
agreement | 3 | | between the Department and one or more additional
lotteries | 4 | | operated under the laws of another state or states. | 5 | | g. (Blank).
| 6 | | h. "Director" means the Director of the Department of the | 7 | | Lottery.
| 8 | | i. "Management agreement" means an agreement or contract | 9 | | between the Department on behalf of the State with a private | 10 | | manager, as an independent contractor, whereby the private | 11 | | manager provides management services to the Lottery in exchange | 12 | | for compensation that may consist of, among other things, a fee | 13 | | for services and a performance-based bonus of no more than 5% | 14 | | of Lottery profits so long as the Department continues to | 15 | | exercise actual control over all significant business | 16 | | decisions made by the private manager as set forth in Section | 17 | | 9.1. | 18 | | j. "Person" means any individual, firm, association, joint | 19 | | venture, partnership, estate, trust, syndicate, fiduciary, | 20 | | corporation, or other legal entity, group, or combination. | 21 | | k. "Private manager" means a person that provides | 22 | | management services to the Lottery on behalf of the Department | 23 | | under a management agreement. | 24 | | l. "Profits" means total revenues accruing from the sale of | 25 | | lottery tickets or shares and related proceeds minus (1) the | 26 | | payment of prizes and retailer bonuses and (2) the payment of |
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| 1 | | costs incurred in the operation and administration of the | 2 | | lottery, excluding costs of services directly rendered by a | 3 | | private manager. | 4 | | m. "Chief Procurement Officer" means the Chief Procurement | 5 | | Officer provided for under paragraph (4) of subsection (a) of | 6 | | Section 10-20 of the Illinois Procurement Code. | 7 | | (Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.) | 8 | | (20 ILCS 1605/7.12) | 9 | | (Section scheduled to be repealed on July 1, 2017) | 10 | | Sec. 7.12. Internet program. | 11 | | (a) The General Assembly finds that: | 12 | | (1) the consumer market in Illinois has changed since | 13 | | the creation of the Illinois State Lottery in 1974; | 14 | | (2) the Internet has become an integral part of | 15 | | everyday life for a significant number of Illinois | 16 | | residents not only in regards to their professional life, | 17 | | but also in regards to personal business and communication; | 18 | | and | 19 | | (3) the current practices of selling lottery tickets | 20 | | does not appeal to the new form of market participants who | 21 | | prefer to make purchases on the Internet at their own | 22 | | convenience. | 23 | | It is the intent of the General Assembly to create an | 24 | | Internet program for the sale of lottery tickets to capture | 25 | | this new form of market participant. |
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| 1 | | (b) The Department shall create a program that allows an | 2 | | individual 18 years of age or older to purchase lottery tickets | 3 | | or shares on the Internet without using a Lottery retailer with | 4 | | on-line status, as those terms are defined by rule. The | 5 | | Department shall restrict the sale of lottery tickets on the | 6 | | Internet to transactions initiated and received or otherwise | 7 | | made exclusively within the State of Illinois. The Department | 8 | | shall adopt rules necessary for the administration of this | 9 | | program. These rules shall include, among other things, | 10 | | requirements for marketing of the Lottery to infrequent | 11 | | players, as well as limitations on the purchases that may be | 12 | | made through any one individual's lottery account. The | 13 | | provisions of this Act and the rules adopted under this Act | 14 | | shall apply to the sale of lottery tickets or shares under this | 15 | | program. | 16 | | The Department may offer Lotto, Lucky Day Lotto, Mega | 17 | | Millions, Powerball, Pick 3, Pick 4, and other draw games that | 18 | | are offered at retail locations, as well as interactive instant | 19 | | win games, through the Internet program. The private manager | 20 | | shall obtain the Director's approval before providing any draw | 21 | | games or interactive instant win games and must submit the | 22 | | following information with the Director: the rationale for | 23 | | introducing the draw games or interactive instant win games, | 24 | | the consumer research on the target market, and the amount of | 25 | | net profit that is expected. Any games that are approved for | 26 | | sale by Lottery retail licensees are automatically approved for |
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| 1 | | sale on the Internet. | 2 | | Before beginning the program, the Department of the Lottery | 3 | | must submit a request to the United States Department of | 4 | | Justice for review of the State's plan to implement a program | 5 | | for the sale of lottery tickets on the Internet and its | 6 | | propriety under federal law. The Department shall implement the | 7 | | Internet program only if the Department of Justice does not | 8 | | object to the implementation of the program within a reasonable | 9 | | period of time after its review. | 10 | | The Department is obligated to implement the program set | 11 | | forth in this Section and Sections 7.15 and 7.16 only at such | 12 | | time, and to such extent, that the Department of Justice does | 13 | | not object to the implementation of the program within a | 14 | | reasonable period of time after its review. While the Illinois | 15 | | Lottery may only offer Lotto, Mega Millions, and Powerball | 16 | | games through the program, the Department shall request review | 17 | | from the federal Department of Justice for the Illinois Lottery | 18 | | to sell lottery tickets on the Internet on behalf of the State | 19 | | of Illinois that are not limited to just these games. | 20 | | The Department shall authorize the private manager to | 21 | | implement and administer the program pursuant to the management | 22 | | agreement entered into under Section 9.1 and in a manner | 23 | | consistent with the provisions of this Section. If a private | 24 | | manager has not been selected pursuant to Section 9.1 at the | 25 | | time the Department is obligated to implement the program or | 26 | | has been terminated pursuant to Section 9.1 , then the |
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| 1 | | Department shall not proceed with offering Lucky Day Lotto, | 2 | | Pick 3, Pick 4, other draw games, or interactive instant win | 3 | | games under the program until after the selection of a the | 4 | | private manager, at which time the Department shall authorize | 5 | | the private manager to implement and administer the program | 6 | | pursuant to the management agreement entered into under Section | 7 | | 9.1 and in a manner consistent with the provisions of this | 8 | | Section. The Department may continue offering Lotto, Mega | 9 | | Millions, and Powerball prior to the selection of a private | 10 | | manager. | 11 | | Nothing in this Section shall be construed as prohibiting | 12 | | the Department from implementing and operating a website portal | 13 | | whereby individuals who are 18 years of age or older with an | 14 | | Illinois mailing address may apply to purchase lottery tickets | 15 | | via subscription. Nothing in this Section shall also be | 16 | | construed as prohibiting the sale of Lotto, Mega Millions, and | 17 | | Powerball , Lucky Day Lotto, Pick 3, or Pick 4 games by a | 18 | | lottery licensee pursuant to the Department's rules. | 19 | | (c) (Blank). | 20 | | (d) (Blank). This Section is repealed on July 1, 2017. | 21 | | (Source: P.A. 98-499, eff. 8-16-13; 99-523, eff. 6-30-16.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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