Full Text of SB2343 101st General Assembly
SB2343 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2343 Introduced 1/8/2020, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: |
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20 ILCS 1605/2 | from Ch. 120, par. 1152 |
20 ILCS 1605/9.1 | |
20 ILCS 1605/20 | from Ch. 120, par. 1170 |
20 ILCS 1605/21.14 new | |
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Amends the Illinois Lottery Law. Requires the Department of the Lottery, beginning on July 1, 2020, to offer a special instant scratch-off game for child abuse prevention. Requires the net revenue from that game to be deposited into the Child Abuse Prevention Fund. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Lottery Law is amended by changing | 5 | | Sections 2, 9.1, and 20 and by adding Section 21.14 as follows:
| 6 | | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| 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,
| 11 | | except as provided in subsection (o) of Section 9.1 and | 12 | | Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11, 21.12, | 13 | | and 21.13 , and 21.14 . The General Assembly finds that it is in | 14 | | the public interest for the Department to conduct the functions | 15 | | of the Lottery with the assistance of a private manager under a | 16 | | management agreement overseen by the Department. The | 17 | | Department shall be accountable to the General Assembly and the | 18 | | people of the State through a comprehensive system of | 19 | | regulation, audits, reports, and enduring operational | 20 | | oversight. The Department's ongoing conduct of the Lottery | 21 | | through a management agreement with a private manager shall act | 22 | | to promote and ensure the integrity, security, honesty, and | 23 | | fairness of the Lottery's operation and administration. It is |
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| 1 | | the intent of the General Assembly that the Department shall | 2 | | conduct the Lottery with the assistance of a private manager | 3 | | under a management agreement at all times in a manner | 4 | | consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
| 5 | | Beginning with Fiscal Year 2018 and every year thereafter, | 6 | | any moneys transferred from the State Lottery Fund to the | 7 | | Common School Fund shall be supplemental to, and not in lieu | 8 | | of, any other money due to be transferred to the Common School | 9 | | Fund by law or appropriation. | 10 | | (Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18; | 11 | | 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff. | 12 | | 8-23-19; revised 10-21-19.)
| 13 | | (20 ILCS 1605/9.1) | 14 | | Sec. 9.1. Private manager and management agreement. | 15 | | (a) As used in this Section: | 16 | | "Offeror" means a person or group of persons that responds | 17 | | to a request for qualifications under this Section. | 18 | | "Request for qualifications" means all materials and | 19 | | documents prepared by the Department to solicit the following | 20 | | from offerors: | 21 | | (1) Statements of qualifications. | 22 | | (2) Proposals to enter into a management agreement, | 23 | | including the identity of any prospective vendor or vendors | 24 | | that the offeror intends to initially engage to assist the | 25 | | offeror in performing its obligations under the management |
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| 1 | | agreement. | 2 | | "Final offer" means the last proposal submitted by an | 3 | | offeror in response to the request for qualifications, | 4 | | including the identity of any prospective vendor or vendors | 5 | | that the offeror intends to initially engage to assist the | 6 | | offeror in performing its obligations under the management | 7 | | agreement. | 8 | | "Final offeror" means the offeror ultimately selected by | 9 | | the Governor to be the private manager for the Lottery under | 10 | | subsection (h) of this Section. | 11 | | (b) By September 15, 2010, the Governor shall select a | 12 | | private manager for the total management of the Lottery with | 13 | | integrated functions, such as lottery game design, supply of | 14 | | goods and services, and advertising and as specified in this | 15 | | Section. | 16 | | (c) Pursuant to the terms of this subsection, the | 17 | | Department shall endeavor to expeditiously terminate the | 18 | | existing contracts in support of the Lottery in effect on July | 19 | | 13, 2009 ( the effective date of Public Act 96-37) this | 20 | | amendatory Act of the 96th General Assembly in connection with | 21 | | the selection of the private manager. As part of its obligation | 22 | | to terminate these contracts and select the private manager, | 23 | | the Department shall establish a mutually agreeable timetable | 24 | | to transfer the functions of existing contractors to the | 25 | | private manager so that existing Lottery operations are not | 26 | | materially diminished or impaired during the transition. To |
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| 1 | | that end, the Department shall do the following: | 2 | | (1) where such contracts contain a provision | 3 | | authorizing termination upon notice, the Department shall | 4 | | provide notice of termination to occur upon the mutually | 5 | | agreed timetable for transfer of functions; | 6 | | (2) upon the expiration of any initial term or renewal | 7 | | term of the current Lottery contracts, the Department shall | 8 | | not renew such contract for a term extending beyond the | 9 | | mutually agreed timetable for transfer of functions; or | 10 | | (3) in the event any current contract provides for | 11 | | termination of that contract upon the implementation of a | 12 | | contract with the private manager, the Department shall | 13 | | perform all necessary actions to terminate the contract on | 14 | | the date that coincides with the mutually agreed timetable | 15 | | for transfer of functions. | 16 | | If the contracts to support the current operation of the | 17 | | Lottery in effect on July 13, 2009 ( the effective date of | 18 | | Public Act 96-34) this amendatory Act of the 96th General | 19 | | Assembly are not subject to termination as provided for in this | 20 | | subsection (c), then the Department may include a provision in | 21 | | the contract with the private manager specifying a mutually | 22 | | agreeable methodology for incorporation. | 23 | | (c-5) The Department shall include provisions in the | 24 | | management agreement whereby the private manager shall, for a | 25 | | fee, and pursuant to a contract negotiated with the Department | 26 | | (the "Employee Use Contract"), utilize the services of current |
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| 1 | | Department employees to assist in the administration and | 2 | | operation of the Lottery. The Department shall be the employer | 3 | | of all such bargaining unit employees assigned to perform such | 4 | | work for the private manager, and such employees shall be State | 5 | | employees, as defined by the Personnel Code. Department | 6 | | employees shall operate under the same employment policies, | 7 | | rules, regulations, and procedures, as other employees of the | 8 | | Department. In addition, neither historical representation | 9 | | rights under the Illinois Public Labor Relations Act, nor | 10 | | existing collective bargaining agreements, shall be disturbed | 11 | | by the management agreement with the private manager for the | 12 | | management of the Lottery. | 13 | | (d) The management agreement with the private manager shall | 14 | | include all of the following: | 15 | | (1) A term not to exceed 10 years, including any | 16 | | renewals. | 17 | | (2) A provision specifying that the Department: | 18 | | (A) shall exercise actual control over all | 19 | | significant business decisions; | 20 | | (A-5) has the authority to direct or countermand | 21 | | operating decisions by the private manager at any time; | 22 | | (B) has ready access at any time to information | 23 | | regarding Lottery operations; | 24 | | (C) has the right to demand and receive information | 25 | | from the private manager concerning any aspect of the | 26 | | Lottery operations at any time; and |
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| 1 | | (D) retains ownership of all trade names, | 2 | | trademarks, and intellectual property associated with | 3 | | the Lottery. | 4 | | (3) A provision imposing an affirmative duty on the | 5 | | private manager to provide the Department with material | 6 | | information and with any information the private manager | 7 | | reasonably believes the Department would want to know to | 8 | | enable the Department to conduct the Lottery. | 9 | | (4) A provision requiring the private manager to | 10 | | provide the Department with advance notice of any operating | 11 | | decision that bears significantly on the public interest, | 12 | | including, but not limited to, decisions on the kinds of | 13 | | games to be offered to the public and decisions affecting | 14 | | the relative risk and reward of the games being offered, so | 15 | | the Department has a reasonable opportunity to evaluate and | 16 | | countermand that decision. | 17 | | (5) A provision providing for compensation of the | 18 | | private manager that may consist of, among other things, a | 19 | | fee for services and a performance based bonus as | 20 | | consideration for managing the Lottery, including terms | 21 | | that may provide the private manager with an increase in | 22 | | compensation if Lottery revenues grow by a specified | 23 | | percentage in a given year. | 24 | | (6) (Blank). | 25 | | (7) A provision requiring the deposit of all Lottery | 26 | | proceeds to be deposited into the State Lottery Fund except |
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| 1 | | as otherwise provided in Section 20 of this Act. | 2 | | (8) A provision requiring the private manager to locate | 3 | | its principal office within the State. | 4 | | (8-5) A provision encouraging that at least 20% of the | 5 | | cost of contracts entered into for goods and services by | 6 | | the private manager in connection with its management of | 7 | | the Lottery, other than contracts with sales agents or | 8 | | technical advisors, be awarded to businesses that are a | 9 | | minority-owned business, a women-owned business, or a | 10 | | business owned by a person with disability, as those terms | 11 | | are defined in the Business Enterprise for Minorities, | 12 | | Women, and Persons with Disabilities Act. | 13 | | (9) A requirement that so long as the private manager | 14 | | complies with all the conditions of the agreement under the | 15 | | oversight of the Department, the private manager shall have | 16 | | the following duties and obligations with respect to the | 17 | | management of the Lottery: | 18 | | (A) The right to use equipment and other assets | 19 | | used in the operation of the Lottery. | 20 | | (B) The rights and obligations under contracts | 21 | | with retailers and vendors. | 22 | | (C) The implementation of a comprehensive security | 23 | | program by the private manager. | 24 | | (D) The implementation of a comprehensive system | 25 | | of internal audits. | 26 | | (E) The implementation of a program by the private |
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| 1 | | manager to curb compulsive gambling by persons playing | 2 | | the Lottery. | 3 | | (F) A system for determining (i) the type of | 4 | | Lottery games, (ii) the method of selecting winning | 5 | | tickets, (iii) the manner of payment of prizes to | 6 | | holders of winning tickets, (iv) the frequency of | 7 | | drawings of winning tickets, (v) the method to be used | 8 | | in selling tickets, (vi) a system for verifying the | 9 | | validity of tickets claimed to be winning tickets, | 10 | | (vii) the basis upon which retailer commissions are | 11 | | established by the manager, and (viii) minimum | 12 | | payouts. | 13 | | (10) A requirement that advertising and promotion must | 14 | | be consistent with Section 7.8a of this Act. | 15 | | (11) A requirement that the private manager market the | 16 | | Lottery to those residents who are new, infrequent, or | 17 | | lapsed players of the Lottery, especially those who are | 18 | | most likely to make regular purchases on the Internet as | 19 | | permitted by law. | 20 | | (12) A code of ethics for the private manager's | 21 | | officers and employees. | 22 | | (13) A requirement that the Department monitor and | 23 | | oversee the private manager's practices and take action | 24 | | that the Department considers appropriate to ensure that | 25 | | the private manager is in compliance with the terms of the | 26 | | management agreement, while allowing the manager, unless |
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| 1 | | specifically prohibited by law or the management | 2 | | agreement, to negotiate and sign its own contracts with | 3 | | vendors. | 4 | | (14) A provision requiring the private manager to | 5 | | periodically file, at least on an annual basis, appropriate | 6 | | financial statements in a form and manner acceptable to the | 7 | | Department. | 8 | | (15) Cash reserves requirements. | 9 | | (16) Procedural requirements for obtaining the prior | 10 | | approval of the Department when a management agreement or | 11 | | an interest in a management agreement is sold, assigned, | 12 | | transferred, or pledged as collateral to secure financing. | 13 | | (17) Grounds for the termination of the management | 14 | | agreement by the Department or the private manager. | 15 | | (18) Procedures for amendment of the agreement. | 16 | | (19) A provision requiring the private manager to | 17 | | engage in an open and competitive bidding process for any | 18 | | procurement having a cost in excess of $50,000 that is not | 19 | | a part of the private manager's final offer. The process | 20 | | shall favor the selection of a vendor deemed to have | 21 | | submitted a proposal that provides the Lottery with the | 22 | | best overall value. The process shall not be subject to the | 23 | | provisions of the Illinois Procurement Code, unless | 24 | | specifically required by the management agreement. | 25 | | (20) The transition of rights and obligations, | 26 | | including any associated equipment or other assets used in |
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| 1 | | the operation of the Lottery, from the manager to any | 2 | | successor manager of the lottery, including the | 3 | | Department, following the termination of or foreclosure | 4 | | upon the management agreement. | 5 | | (21) Right of use of copyrights, trademarks, and | 6 | | service marks held by the Department in the name of the | 7 | | State. The agreement must provide that any use of them by | 8 | | the manager shall only be for the purpose of fulfilling its | 9 | | obligations under the management agreement during the term | 10 | | of the agreement. | 11 | | (22) The disclosure of any information requested by the | 12 | | Department to enable it to comply with the reporting | 13 | | requirements and information requests provided for under | 14 | | subsection (p) of this Section. | 15 | | (e) Notwithstanding any other law to the contrary, the | 16 | | Department shall select a private manager through a competitive | 17 | | request for qualifications process consistent with Section | 18 | | 20-35 of the Illinois Procurement Code, which shall take into | 19 | | account: | 20 | | (1) the offeror's ability to market the Lottery to | 21 | | those residents who are new, infrequent, or lapsed players | 22 | | of the Lottery, especially those who are most likely to | 23 | | make regular purchases on the Internet; | 24 | | (2) the offeror's ability to address the State's | 25 | | concern with the social effects of gambling on those who | 26 | | can least afford to do so; |
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| 1 | | (3) the offeror's ability to provide the most | 2 | | successful management of the Lottery for the benefit of the | 3 | | people of the State based on current and past business | 4 | | practices or plans of the offeror; and | 5 | | (4) the offeror's poor or inadequate past performance | 6 | | in servicing, equipping, operating or managing a lottery on | 7 | | behalf of Illinois, another State or foreign government and | 8 | | attracting persons who are not currently regular players of | 9 | | a lottery. | 10 | | (f) The Department may retain the services of an advisor or | 11 | | advisors with significant experience in financial services or | 12 | | the management, operation, and procurement of goods, services, | 13 | | and equipment for a government-run lottery to assist in the | 14 | | preparation of the terms of the request for qualifications and | 15 | | selection of the private manager. Any prospective advisor | 16 | | seeking to provide services under this subsection (f) shall | 17 | | disclose any material business or financial relationship | 18 | | during the past 3 years with any potential offeror, or with a | 19 | | contractor or subcontractor presently providing goods, | 20 | | services, or equipment to the Department to support the | 21 | | Lottery. The Department shall evaluate the material business or | 22 | | financial relationship of each prospective advisor. The | 23 | | Department shall not select any prospective advisor with a | 24 | | substantial business or financial relationship that the | 25 | | Department deems to impair the objectivity of the services to | 26 | | be provided by the prospective advisor. During the course of |
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| 1 | | the advisor's engagement by the Department, and for a period of | 2 | | one year thereafter, the advisor shall not enter into any | 3 | | business or financial relationship with any offeror or any | 4 | | vendor identified to assist an offeror in performing its | 5 | | obligations under the management agreement. Any advisor | 6 | | retained by the Department shall be disqualified from being an | 7 | | offeror.
The Department shall not include terms in the request | 8 | | for qualifications that provide a material advantage whether | 9 | | directly or indirectly to any potential offeror, or any | 10 | | contractor or subcontractor presently providing goods, | 11 | | services, or equipment to the Department to support the | 12 | | Lottery, including terms contained in previous responses to | 13 | | requests for proposals or qualifications submitted to | 14 | | Illinois, another State or foreign government when those terms | 15 | | are uniquely associated with a particular potential offeror, | 16 | | contractor, or subcontractor. The request for proposals | 17 | | offered by the Department on December 22, 2008 as | 18 | | "LOT08GAMESYS" and reference number "22016176" is declared | 19 | | void. | 20 | | (g) The Department shall select at least 2 offerors as | 21 | | finalists to potentially serve as the private manager no later | 22 | | than August 9, 2010. Upon making preliminary selections, the | 23 | | Department shall schedule a public hearing on the finalists' | 24 | | proposals and provide public notice of the hearing at least 7 | 25 | | calendar days before the hearing. The notice must include all | 26 | | of the following: |
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| 1 | | (1) The date, time, and place of the hearing. | 2 | | (2) The subject matter of the hearing. | 3 | | (3) A brief description of the management agreement to | 4 | | be awarded. | 5 | | (4) The identity of the offerors that have been | 6 | | selected as finalists to serve as the private manager. | 7 | | (5) The address and telephone number of the Department. | 8 | | (h) At the public hearing, the Department shall (i) provide | 9 | | sufficient time for each finalist to present and explain its | 10 | | proposal to the Department and the Governor or the Governor's | 11 | | designee, including an opportunity to respond to questions | 12 | | posed by the Department, Governor, or designee and (ii) allow | 13 | | the public and non-selected offerors to comment on the | 14 | | presentations. The Governor or a designee shall attend the | 15 | | public hearing. After the public hearing, the Department shall | 16 | | have 14 calendar days to recommend to the Governor whether a | 17 | | management agreement should be entered into with a particular | 18 | | finalist. After reviewing the Department's recommendation, the | 19 | | Governor may accept or reject the Department's recommendation, | 20 | | and shall select a final offeror as the private manager by | 21 | | publication of a notice in the Illinois Procurement Bulletin on | 22 | | or before September 15, 2010. The Governor shall include in the | 23 | | notice a detailed explanation and the reasons why the final | 24 | | offeror is superior to other offerors and will provide | 25 | | management services in a manner that best achieves the | 26 | | objectives of this Section. The Governor shall also sign the |
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| 1 | | management agreement with the private manager. | 2 | | (i) Any action to contest the private manager selected by | 3 | | the Governor under this Section must be brought within 7 | 4 | | calendar days after the publication of the notice of the | 5 | | designation of the private manager as provided in subsection | 6 | | (h) of this Section. | 7 | | (j) The Lottery shall remain, for so long as a private | 8 | | manager manages the Lottery in accordance with provisions of | 9 | | this Act, a Lottery conducted by the State, and the State shall | 10 | | not be authorized to sell or transfer the Lottery to a third | 11 | | party. | 12 | | (k) Any tangible personal property used exclusively in | 13 | | connection with the lottery that is owned by the Department and | 14 | | leased to the private manager shall be owned by the Department | 15 | | in the name of the State and shall be considered to be public | 16 | | property devoted to an essential public and governmental | 17 | | function. | 18 | | (l) The Department may exercise any of its powers under | 19 | | this Section or any other law as necessary or desirable for the | 20 | | execution of the Department's powers under this Section. | 21 | | (m) Neither this Section nor any management agreement | 22 | | entered into under this Section prohibits the General Assembly | 23 | | from authorizing forms of gambling that are not in direct | 24 | | competition with the Lottery. The forms of gambling authorized | 25 | | by Public Act 101-31 this amendatory Act of the 101st General | 26 | | Assembly constitute authorized forms of gambling that are not |
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| 1 | | in direct competition with the Lottery. | 2 | | (n) The private manager shall be subject to a complete | 3 | | investigation in the third, seventh, and tenth years of the | 4 | | agreement (if the agreement is for a 10-year term) by the | 5 | | Department in cooperation with the Auditor General to determine | 6 | | whether the private manager has complied with this Section and | 7 | | the management agreement. The private manager shall bear the | 8 | | cost of an investigation or reinvestigation of the private | 9 | | manager under this subsection. | 10 | | (o) The powers conferred by this Section are in addition | 11 | | and supplemental to the powers conferred by any other law. If | 12 | | any other law or rule is inconsistent with this Section, | 13 | | including, but not limited to, provisions of the Illinois | 14 | | Procurement Code, then this Section controls as to any | 15 | | management agreement entered into under this Section. This | 16 | | Section and any rules adopted under this Section contain full | 17 | | and complete authority for a management agreement between the | 18 | | Department and a private manager. No law, procedure, | 19 | | proceeding, publication, notice, consent, approval, order, or | 20 | | act by the Department or any other officer, Department, agency, | 21 | | or instrumentality of the State or any political subdivision is | 22 | | required for the Department to enter into a management | 23 | | agreement under this Section. This Section contains full and | 24 | | complete authority for the Department to approve any contracts | 25 | | entered into by a private manager with a vendor providing | 26 | | goods, services, or both goods and services to the private |
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| 1 | | manager under the terms of the management agreement, including | 2 | | subcontractors of such vendors. | 3 | | Upon receipt of a written request from the Chief | 4 | | Procurement Officer, the Department shall provide to the Chief | 5 | | Procurement Officer a complete and un-redacted copy of the | 6 | | management agreement or any contract that is subject to the | 7 | | Department's approval authority under this subsection (o). The | 8 | | Department shall provide a copy of the agreement or contract to | 9 | | the Chief Procurement Officer in the time specified by the | 10 | | Chief Procurement Officer in his or her written request, but no | 11 | | later than 5 business days after the request is received by the | 12 | | Department. The Chief Procurement Officer must retain any | 13 | | portions of the management agreement or of any contract | 14 | | designated by the Department as confidential, proprietary, or | 15 | | trade secret information in complete confidence pursuant to | 16 | | subsection (g) of Section 7 of the Freedom of Information Act. | 17 | | The Department shall also provide the Chief Procurement Officer | 18 | | with reasonable advance written notice of any contract that is | 19 | | pending Department approval. | 20 | | Notwithstanding any other provision of this Section to the | 21 | | contrary, the Chief Procurement Officer shall adopt | 22 | | administrative rules, including emergency rules, to establish | 23 | | a procurement process to select a successor private manager if | 24 | | a private management agreement has been terminated. The | 25 | | selection process shall at a minimum take into account the | 26 | | criteria set forth in items (1) through (4) of subsection (e) |
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| 1 | | of this Section and may include provisions consistent with | 2 | | subsections (f), (g), (h), and (i) of this Section. The Chief | 3 | | Procurement Officer shall also implement and administer the | 4 | | adopted selection process upon the termination of a private | 5 | | management agreement. The Department, after the Chief | 6 | | Procurement Officer certifies that the procurement process has | 7 | | been followed in accordance with the rules adopted under this | 8 | | subsection (o), shall select a final offeror as the private | 9 | | manager and sign the management agreement with the private | 10 | | manager. | 11 | | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, | 12 | | 21.9, 21.10, 21.11, 21.12, and 21.13 , and 21.14, the Department | 13 | | shall distribute all proceeds of lottery tickets and shares | 14 | | sold in the following priority and manner: | 15 | | (1) The payment of prizes and retailer bonuses. | 16 | | (2) The payment of costs incurred in the operation and | 17 | | administration of the Lottery, including the payment of | 18 | | sums due to the private manager under the management | 19 | | agreement with the Department. | 20 | | (3) On the last day of each month or as soon thereafter | 21 | | as possible, the State Comptroller shall direct and the | 22 | | State Treasurer shall transfer from the State Lottery Fund | 23 | | to the Common School Fund an amount that is equal to the | 24 | | proceeds transferred in the corresponding month of fiscal | 25 | | year 2009, as adjusted for inflation, to the Common School | 26 | | Fund. |
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| 1 | | (4) On or before September 30 of each fiscal year, | 2 | | deposit any estimated remaining proceeds from the prior | 3 | | fiscal year, subject to payments under items (1), (2), and | 4 | | (3), into the Capital Projects Fund. Beginning in fiscal | 5 | | year 2019, the amount deposited shall be increased or | 6 | | decreased each year by the amount the estimated payment | 7 | | differs from the amount determined from each year-end | 8 | | financial audit. Only remaining net deficits from prior | 9 | | fiscal years may reduce the requirement to deposit these | 10 | | funds, as determined by the annual financial audit. | 11 | | (p) The Department shall be subject to the following | 12 | | reporting and information request requirements: | 13 | | (1) the Department shall submit written quarterly | 14 | | reports to the Governor and the General Assembly on the | 15 | | activities and actions of the private manager selected | 16 | | under this Section; | 17 | | (2) upon request of the Chief Procurement Officer, the | 18 | | Department shall promptly produce information related to | 19 | | the procurement activities of the Department and the | 20 | | private manager requested by the Chief Procurement | 21 | | Officer; the Chief Procurement Officer must retain | 22 | | confidential, proprietary, or trade secret information | 23 | | designated by the Department in complete confidence | 24 | | pursuant to subsection (g) of Section 7 of the Freedom of | 25 | | Information Act; and | 26 | | (3) at least 30 days prior to the beginning of the |
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| 1 | | Department's fiscal year, the Department shall prepare an | 2 | | annual written report on the activities of the private | 3 | | manager selected under this Section and deliver that report | 4 | | to the Governor and General Assembly. | 5 | | (Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18; | 6 | | 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff. | 7 | | 6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised | 8 | | 10-21-19.)
| 9 | | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| 10 | | Sec. 20. State Lottery Fund.
| 11 | | (a) There is created in the State Treasury a special fund | 12 | | to be
known as the State Lottery Fund. Such fund shall consist | 13 | | of all revenues
received from (1) the sale of lottery tickets | 14 | | or shares, (net of
commissions, fees
representing those | 15 | | expenses that are directly proportionate to the
sale of tickets | 16 | | or shares at the agent location, and prizes of less
than
$600 | 17 | | which
have been validly paid at the agent
level), (2) | 18 | | application fees,
and (3) all other sources including moneys | 19 | | credited or transferred thereto
from
any other fund
or source | 20 | | pursuant to law. Interest earnings of the State Lottery Fund
| 21 | | shall be credited to the Common School Fund.
| 22 | | (b) The receipt and distribution of moneys under Section | 23 | | 21.5 of this Act shall be in accordance with Section 21.5.
| 24 | | (c) The receipt and distribution of moneys under Section | 25 | | 21.6 of this Act shall be in accordance with Section 21.6. |
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| 1 | | (d) The receipt and distribution of moneys under Section | 2 | | 21.7 of this Act shall be in accordance with Section 21.7.
| 3 | | (e)
The receipt and distribution of moneys under Section | 4 | | 21.8
of this Act shall be in accordance with Section 21.8.
| 5 | | (f) The receipt and distribution of moneys under Section | 6 | | 21.9 of this Act shall be in accordance with Section 21.9. | 7 | | (g) The receipt and distribution of moneys under Section | 8 | | 21.10 of this Act shall be in accordance with Section 21.10. | 9 | | (h) The receipt and distribution of moneys under Section | 10 | | 21.11 of this Act shall be in accordance with Section 21.11. | 11 | | (i) The receipt and distribution of moneys under Section | 12 | | 21.12 of this Act shall be in accordance with Section 21.12. | 13 | | (j) The receipt and distribution of moneys under Section | 14 | | 21.13 of this Act shall be in accordance with Section 21.13. | 15 | | (k) The receipt and distribution of moneys under Section | 16 | | 21.14 of this Act shall be in accordance with Section 21.14. | 17 | | (Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; | 18 | | 101-81, eff. 7-12-19; 101-561, eff. 8-23-19.)
| 19 | | (20 ILCS 1605/21.14 new) | 20 | | Sec. 21.14. Scratch-off for preventing child abuse. | 21 | | (a) The Department shall offer a special instant | 22 | | scratch-off game for the benefit of preventing child abuse. The | 23 | | game shall commence on July 1, 2020, or as soon thereafter, at | 24 | | the discretion of the Director, as is reasonably practical, and | 25 | | shall be discontinued on July 1, 2021. The operation of the |
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| 1 | | game shall be governed by this Act and any rules adopted by the | 2 | | Department. If any provision of this Section is inconsistent | 3 | | with any other provision of this Act, then this Section | 4 | | governs. | 5 | | (b) The net revenue from the scratch-off for preventing | 6 | | child abuse shall be deposited into the Child Abuse Prevention | 7 | | Fund as soon as practical, but at least on a monthly basis. | 8 | | Moneys deposited into the Child Abuse Prevention Fund under | 9 | | this Section shall be used, subject to appropriation, by the | 10 | | Department of Children and Family Services to prevent child | 11 | | abuse.
Moneys received for the purposes of this Section, | 12 | | including, without limitation, net revenue from the special | 13 | | instant scratch-off game and from gifts, grants, and awards | 14 | | from any public or private entity, must be deposited into the | 15 | | Child Abuse Prevention Fund. Any interest earned on moneys in | 16 | | the Fund must be deposited into the Fund.
For purposes of this | 17 | | subsection, "net revenue" means the total amount for which | 18 | | tickets have been sold less the sum of the amount paid out in | 19 | | prizes and the actual administrative expenses of the Department | 20 | | solely related to the scratch-off game under this Section. | 21 | | (c) During the time that tickets are sold for the | 22 | | prevention of child abuse, the Department shall not | 23 | | unreasonably diminish the efforts devoted to marketing any | 24 | | other instant scratch-off lottery game. | 25 | | (d) The Department may adopt any rules necessary to | 26 | | implement and administer the provisions of this Section.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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