Full Text of HB2710 94th General Assembly
HB2710 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2710
Introduced 02/22/05, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
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20 ILCS 1605/3 |
from Ch. 120, par. 1153 |
20 ILCS 1605/4 |
from Ch. 120, par. 1154 |
20 ILCS 1605/5 |
from Ch. 120, par. 1155 |
20 ILCS 1605/7.1 |
from Ch. 120, par. 1157.1 |
20 ILCS 1605/7.2 |
from Ch. 120, par. 1157.2 |
20 ILCS 1605/7.6 |
from Ch. 120, par. 1157.6 |
20 ILCS 1605/7.11 |
from Ch. 120, par. 1157.11 |
20 ILCS 1605/9 |
from Ch. 120, par. 1159 |
20 ILCS 1605/10 |
from Ch. 120, par. 1160 |
20 ILCS 1605/10.1 |
from Ch. 120, par. 1160.1 |
20 ILCS 1605/10.1a |
from Ch. 120, par. 1160.1a |
20 ILCS 1605/10.2 |
from Ch. 120, par. 1160.2 |
20 ILCS 1605/10.6 |
from Ch. 120, par. 1160.6 |
20 ILCS 1605/10.7 |
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20 ILCS 1605/12 |
from Ch. 120, par. 1162 |
20 ILCS 1605/13 |
from Ch. 120, par. 1163 |
20 ILCS 1605/14 |
from Ch. 120, par. 1164 |
20 ILCS 1605/14.3 |
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20 ILCS 1605/15 |
from Ch. 120, par. 1165 |
20 ILCS 1605/19 |
from Ch. 120, par. 1169 |
20 ILCS 1605/21 |
from Ch. 120, par. 1171 |
20 ILCS 1605/24 |
from Ch. 120, par. 1174 |
20 ILCS 1605/5.1 rep. |
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20 ILCS 1605/21.2 rep. |
from Ch. 120, par. 1171.2 |
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Amends the Illinois Lottery Law. Makes various changes to conform with the transfer of all powers, duties, rights, and responsibilities vested in the Department of the Lottery to the Department of Revenue in accordance with Executive Order No. 9 (2003). Effective immediately.
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A BILL FOR
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HB2710 |
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| AN ACT concerning the lottery.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Lottery Law is amended by changing | 5 |
| Sections 3, 4, 5, 6, 7.1, 7.2, 7.3, 7.6, 7.11, 9, 10, 10.1, | 6 |
| 10.1a, 10.2, 10.6, 10.7, 11, 12, 13, 14, 14.3, 15, 19, 21, and | 7 |
| 24 as follows:
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| (20 ILCS 1605/3) (from Ch. 120, par. 1153)
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| Sec. 3. For the purposes of this Act:
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| a. "Lottery" or "State Lottery" means the lottery or | 11 |
| lotteries
established and operated pursuant to this Act.
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| b. "Board" means the Lottery Control Board created by this | 13 |
| Act.
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| c. "Department" means the Department of Revenue
the | 15 |
| Lottery .
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| d. "Director" means the Director of Revenue
the Department | 17 |
| of the
Lottery .
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| e. "Chairman" means the Chairman of the Lottery Control | 19 |
| Board.
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| f. "Multi-state game directors" means such persons, | 21 |
| including the
Superintendent
Director of the Department of the | 22 |
| Lottery , as may be designated by an
agreement between the | 23 |
| Division
Department of the Lottery and one or more additional
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| lotteries operated under the laws of another state or states.
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| g. "Division" means the Division of the State Lottery of | 26 |
| the Department of Revenue.
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| h. "Superintendent" means the Superintendent of the | 28 |
| Division of the State Lottery of the Department of Revenue.
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| (Source: P.A. 85-183.)
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| (20 ILCS 1605/4) (from Ch. 120, par. 1154)
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| Sec. 4. The Department of the Lottery is
established to |
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| implement and regulate the State Lottery in the manner
provided | 2 |
| in this Act. | 3 |
| In accordance with Executive Order No. 9 (2003), the | 4 |
| Division of the State Lottery is established within the | 5 |
| Department of Revenue. Unless otherwise provided by law, the | 6 |
| Division of the State Lottery shall be subject to and governed | 7 |
| by all of the laws and rules applicable to the Department.
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| (Source: P.A. 84-1128.)
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| (20 ILCS 1605/5) (from Ch. 120, par. 1155)
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| Sec. 5. The Division
Department of the Lottery shall be | 11 |
| under
the supervision and direction
of a Superintendent
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| Director of the Lottery , who
shall be a person qualified by
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| training and experience to perform the duties required by this | 14 |
| Act. The
Superintendent
Director shall be appointed by the | 15 |
| Governor, by and with the advice
and consent of the Senate. The | 16 |
| term of office of the Superintendent
Director shall
expire on | 17 |
| the third Monday of January in odd numbered years provided that
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| he or she shall hold his office until a
his successor is | 19 |
| appointed and qualified.
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| Any vacancy occurring in the office of the Superintendent
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| Director shall be
filled in the same manner as the original | 22 |
| appointment.
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| The Superintendent
Director shall devote his or her entire | 24 |
| time and attention to the
duties of the
his office and shall | 25 |
| not be engaged in any other profession or
occupation. The | 26 |
| Superintendent
He shall receive such salary as shall be | 27 |
| provided by law.
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| (Source: P.A. 84-1128.)
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| (20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
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| Sec. 7.1. The Department shall promulgate such rules and
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| regulations governing the establishment
and operation of a | 32 |
| State lottery as it deems necessary to carry out the
purposes | 33 |
| of this Act. Such rules and regulations shall be subject to the
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| provisions of The Illinois Administrative Procedure Act. The |
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| Division shall issue written game rules, play instructions, | 2 |
| directives, operations manuals, brochures, or any other | 3 |
| publications necessary to conduct specific games, as | 4 |
| authorized by rule by the Department.
Any written game rules, | 5 |
| play instructions, directives, operations manuals,
brochures, | 6 |
| or other game publications issued by the Division
Department | 7 |
| that relate
to a specific lottery game shall be maintained as a | 8 |
| public record in the
Division's
Department's principal office, | 9 |
| and made available for public inspection and
copying but shall | 10 |
| be exempt from the rulemaking procedures of the Illinois
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| Administrative Procedure Act. However, when such written | 12 |
| materials contain
any policy of general applicability, the | 13 |
| Division
Department shall formulate and
adopt such policy as a | 14 |
| rule in accordance with the provisions of the
Illinois | 15 |
| Administrative Procedure Act. In addition, the Division
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| Department shall
publish each January in the Illinois Register | 17 |
| a list of all game-specific
rules, play instructions, | 18 |
| directives, operations manuals, brochures, or
other | 19 |
| game-specific publications issued by the Division
Department | 20 |
| during the
previous year and instructions concerning how the | 21 |
| public may obtain copies
of these materials from the Division
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| Department .
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| (Source: P.A. 86-433.)
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| (20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
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| Sec. 7.2. The rules and regulations of the Department may | 26 |
| include, but
shall not be limited to, the following:
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| (1) The types of lotteries to be conducted;
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| (2) The price, or prices, of tickets or shares in the | 29 |
| lottery;
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| (3) The numbers and sizes of the prizes on the winning | 31 |
| tickets or
shares;
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| (4) The manner of selecting the winning tickets or shares;
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| (5) The manner of payment of prizes to the holders of | 34 |
| winning
tickets or shares;
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| (6) The frequency of the drawing or selections of winning |
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| tickets or
shares, without limitation;
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| (7) Without limit to number, the type or types of locations | 3 |
| at which
tickets or shares may be sold;
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| (8) The method to be used in selling tickets or shares;
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| (9) The manner and amount of compensation, if any, to be | 6 |
| paid
licensed sales agents necessary to provide for the | 7 |
| adequate availability
of tickets or shares to prospective | 8 |
| buyers and for the convenience of
the public;
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| (10) The apportionment of the total revenues accruing from | 10 |
| the sale
of lottery tickets or shares and from all other | 11 |
| sources among (i) the
payment of prizes to the holders of | 12 |
| winning tickets or shares, (ii) the
payment of costs incurred | 13 |
| in the operation and administration of the
lottery, including | 14 |
| the expenses of the Department and the costs resulting
from any | 15 |
| contract or contracts entered into for promotional, | 16 |
| advertising
or operational services or for the purchase or | 17 |
| lease of lottery
equipment and materials, and (iii) for monthly | 18 |
| transfers to the Common
School Fund. The net revenues accruing | 19 |
| from the sale of lottery tickets
shall be determined by | 20 |
| deducting from total revenues the payments required
by | 21 |
| paragraphs (i) and (ii) of this
subsection.
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| (11) Such other matters necessary or desirable for the | 23 |
| efficient and
economical operation and administration of the | 24 |
| lottery and for the
convenience of the purchasers of tickets or | 25 |
| shares and the holders of
winning tickets or shares.
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| Any rules and regulations of the Department with respect to
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| monthly transfers
to the Common School Fund are subject to | 28 |
| Section 21.2.
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| (Source: P.A. 84-1128.)
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| (20 ILCS 1605/7.6) (from Ch. 120, par. 1157.6)
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| Sec. 7.6. The Board shall advise and make recommendations | 32 |
| to the
Superintendent or the Director regarding the functions | 33 |
| and operations of the State Lottery. A copy of all
such | 34 |
| recommendations shall also be forwarded to the Governor, the | 35 |
| Attorney
General, the Speaker of the House, the President of |
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| the Senate and the
minority leaders of both houses.
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| (Source: P.A. 84-1128.)
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| (20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
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| Sec. 7.11. The Division
Department may establish and | 5 |
| collect nominal charges
for promotional products ("premiums") | 6 |
| and other promotional materials
produced or acquired by the | 7 |
| Division
Department as part of its advertising and
promotion | 8 |
| activities. Such premiums or other promotional materials may be
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| sold to individuals, government agencies and not-for-profit | 10 |
| organizations,
but not to for-profit enterprises for the | 11 |
| purpose of resale. Other State
agencies shall be charged no | 12 |
| more than the cost to the Division
Department of the
premium or | 13 |
| promotional material. All proceeds from the sale of premiums or
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| promotional materials shall be deposited in the State Lottery | 15 |
| Fund in the
State Treasury.
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| (Source: P.A. 86-1220.)
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| (20 ILCS 1605/9) (from Ch. 120, par. 1159)
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| Sec. 9. The Superintendent
Director , as administrative | 19 |
| head of
the Division
Department of the
Lottery , shall direct | 20 |
| and supervise all its administrative and
technical activities | 21 |
| and shall report to the Director . In addition to the duties | 22 |
| imposed upon him
elsewhere in this Act, it
shall be the | 23 |
| Superintendent's
his duty:
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| a. To supervise and administer the operation of the lottery | 25 |
| in
accordance with the provisions of this Act or such
rules and | 26 |
| regulations of the Department
adopted thereunder.
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| b. To attend meetings of the Board
Department or to appoint | 28 |
| a designee to
attend in his stead.
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| c. To employ and direct such personnel in accord with the | 30 |
| Personnel Code,
as may be necessary to carry out the purposes | 31 |
| of this Act. The Superintendent may, subject to the approval of | 32 |
| the Director, use the services, personnel, or facilities of the | 33 |
| Department.
In addition , the Superintendent
Director
may by | 34 |
| agreement secure such services as he or she may deem necessary
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| from any other department, agency, or unit of the State | 2 |
| government, and
may employ and compensate such consultants and | 3 |
| technical assistants as may
be required and is otherwise | 4 |
| permitted by law.
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| d. To license, in accordance with the provisions of | 6 |
| Sections 10 and 10.1
of this Act and the rules and regulations | 7 |
| of the Department
adopted thereunder,
as agents to sell lottery | 8 |
| tickets such persons as in his opinion will best
serve the | 9 |
| public convenience and promote the sale of tickets or shares.
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| The Superintendent
Director may require a bond from every | 11 |
| licensed agent, in such
amount as provided in the rules and | 12 |
| regulations of the Department. Every licensed
agent shall | 13 |
| prominently display his license, or a copy thereof, as provided
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| in the rules and regulations of the Department.
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| e. To suspend or revoke any license issued pursuant to this | 16 |
| Act or the
rules and regulations promulgated by the Department | 17 |
| thereunder.
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| f. To confer regularly as necessary or desirable and not
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| less than once
every month with the Lottery Control Board on | 20 |
| the operation and administration
of the Lottery; to make | 21 |
| available for inspection by the Board or any member
of the | 22 |
| Board, upon request, all books, records, files, and other | 23 |
| information
and documents of his office; to advise the Board | 24 |
| and recommend such rules
and regulations and such other matters | 25 |
| as he deems necessary and advisable
to improve the operation | 26 |
| and administration of the lottery.
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| g. To enter into contracts for the operation of the | 28 |
| lottery, or any part
thereof, and into contracts for the | 29 |
| promotion of the lottery on behalf of
the Department with any | 30 |
| person, firm or corporation, to perform any of the
functions | 31 |
| provided for in this Act or the rules and regulations | 32 |
| promulgated
thereunder. The Department shall not expend State | 33 |
| funds on a contractual
basis for such functions unless those | 34 |
| functions and expenditures are expressly
authorized by the | 35 |
| General Assembly.
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| h. To enter into an agreement or agreements with the |
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| management of state
lotteries operated pursuant to the laws of | 2 |
| other states for the purpose of
creating and operating a | 3 |
| multi-state lottery game wherein a separate and
distinct prize | 4 |
| pool would be combined to award larger prizes to the public
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| than could be offered by the several state lotteries, | 6 |
| individually. No
tickets or shares offered in connection with a | 7 |
| multi-state lottery game
shall be sold within the State of | 8 |
| Illinois, except those offered by and
through the Department. | 9 |
| No such agreement shall purport to pledge the full
faith and | 10 |
| credit of the State of Illinois, nor shall the Department | 11 |
| expend
State funds on a contractual basis in connection with | 12 |
| any such game unless
such expenditures are expressly authorized | 13 |
| by the General Assembly,
provided, however, that in the event | 14 |
| of error or omission by the Illinois
State Lottery in the | 15 |
| conduct of the game, as determined by the multi-state
game | 16 |
| directors, the Department shall be authorized to pay a prize | 17 |
| winner or
winners the lesser of a disputed prize or $1,000,000, | 18 |
| any such payment to
be made solely from funds appropriated for | 19 |
| game prize purposes. The
Department shall be authorized to | 20 |
| share in the ordinary operating expenses
of any such | 21 |
| multi-state lottery game, from funds appropriated by the | 22 |
| General Assembly,
and in the event the multi-state game control | 23 |
| offices are physically
located within the State of Illinois, | 24 |
| the Department is authorized to
advance start-up operating | 25 |
| costs not to exceed $150,000, subject to
proportionate | 26 |
| reimbursement of such costs by the other participating state
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| lotteries. The Department shall be authorized to share | 28 |
| proportionately in
the costs of establishing a liability | 29 |
| reserve fund from funds appropriated
by the General Assembly. | 30 |
| The Department is authorized to transfer prize
award funds | 31 |
| attributable to Illinois sales of multi-state lottery game | 32 |
| tickets to
the multi-state control office, or its designated | 33 |
| depository, for deposit
to such game pool account or accounts | 34 |
| as may be established by the
multi-state game directors, the | 35 |
| records of which account or accounts shall
be available at all | 36 |
| times for inspection in an audit by the Auditor General
of |
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| Illinois and any other auditors pursuant to the laws of the | 2 |
| State of
Illinois.
No multi-state game prize awarded to a | 3 |
| nonresident of Illinois, with
respect to a ticket or share | 4 |
| purchased in a state other than the State of
Illinois, shall be | 5 |
| deemed to be a prize awarded under this Act for the
purpose of | 6 |
| taxation under the Illinois Income Tax Act.
All of the net | 7 |
| revenues accruing from the sale of multi-state lottery
tickets | 8 |
| or shares shall be transferred into the Common School Fund | 9 |
| pursuant
to Section 7.2.
The Department shall promulgate such | 10 |
| rules as may be appropriate to
implement the provisions of this | 11 |
| Section.
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| i. To make a continuous study and investigation of (1) the | 13 |
| operation and
the administration of similar laws which may be | 14 |
| in effect in other states
or countries, (2) any literature on | 15 |
| the subject which from time to time
may be published or | 16 |
| available, (3) any Federal laws which may affect the
operation | 17 |
| of the
lottery, and (4) the reaction of Illinois citizens to | 18 |
| existing and potential
features of the lottery with a view to | 19 |
| recommending or effecting changes
that will tend to serve the | 20 |
| purposes of this Act.
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| j. To report monthly to the State Treasurer and the Lottery | 22 |
| Control Board
a full and complete statement of lottery | 23 |
| revenues, prize disbursements and
other expenses for each month | 24 |
| and the amounts to be transferred to the Common
School Fund | 25 |
| pursuant to Section 7.2 or such other funds as are otherwise
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| authorized by Section 21.2 of this Act, and to
make an annual | 27 |
| report, which shall include a full and complete statement
of | 28 |
| lottery revenues, prize disbursements and other expenses, to | 29 |
| the Governor
and the Board. All reports required by this | 30 |
| subsection shall be public
and copies of all
such reports shall | 31 |
| be sent to the Speaker of the House, the President of
the | 32 |
| Senate, and the minority leaders of both houses.
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| (Source: P.A. 85-183.)
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| (20 ILCS 1605/10) (from Ch. 120, par. 1160)
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| Sec. 10. The Division
Department , upon application |
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| therefor on forms prescribed
by the Division
Department , and | 2 |
| upon a determination by the Division
Department that the
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| applicant meets all of the qualifications specified in this | 4 |
| Act, shall
issue a license as an agent to sell lottery tickets | 5 |
| or shares. No license
as an agent to sell lottery tickets or | 6 |
| shares shall be issued to any person
to engage in business | 7 |
| exclusively as a lottery sales agent.
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| Before issuing such license the Superintendent
Director | 9 |
| shall consider (a) the financial
responsibility and security of | 10 |
| the person and his business or activity, (b)
the accessibility | 11 |
| of his place of business or activity to the public, (c)
the | 12 |
| sufficiency of existing licenses to serve the public | 13 |
| convenience, (d)
the volume of expected sales, and (e) such | 14 |
| other factors as he or she may
deem appropriate.
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| Until September 1, 1987, the provisions of Sections 2a, 4, | 16 |
| 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, | 17 |
| 10, 12 and 13.5
of the Retailers' Occupation Tax Act which are | 18 |
| not inconsistent
with this Act shall apply to the subject | 19 |
| matter of this Act to the same
extent as if such provisions | 20 |
| were included in this Act. For purposes of
this Act, references | 21 |
| in such incorporated Sections of the Retailers'
Occupation Tax | 22 |
| Act to retailers, sellers or persons engaged in the business
of | 23 |
| selling tangible personal property mean persons engaged in | 24 |
| selling
lottery tickets or shares; references in such | 25 |
| incorporated Sections to
sales of tangible personal property | 26 |
| mean the selling of lottery tickets or
shares; and references | 27 |
| in such incorporated Sections to
certificates of registration | 28 |
| mean licenses issued under this Act. The
provisions of the | 29 |
| Retailers' Occupation Tax Act as heretofore applied to
the | 30 |
| subject matter of this Act shall not apply with respect to | 31 |
| tickets sold
by or delivered to lottery sales agents on and | 32 |
| after September 1, 1987, but
such provisions shall continue to | 33 |
| apply with respect to transactions
involving the sale and | 34 |
| delivery of tickets prior to September 1, 1987.
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| All licenses issued by the Division
Department under this | 36 |
| Act shall be valid
for a period not to exceed 2 years after |
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| issuance unless sooner
revoked, canceled or suspended as in | 2 |
| this Act provided. No license issued
under this Act shall be | 3 |
| transferable or assignable. Such license shall be
| 4 |
| conspicuously displayed in the place of business conducted by | 5 |
| the licensee
in Illinois where lottery tickets or shares are to | 6 |
| be sold under such license.
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| For purposes of this Section, the term "person" shall be | 8 |
| construed to
mean and include an individual, association, | 9 |
| partnership, corporation,
club, trust, estate, society, | 10 |
| company, joint stock company, receiver,
trustee, referee, any | 11 |
| other person acting in a fiduciary or representative
capacity | 12 |
| who is appointed by a court, or any combination of individuals.
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| "Person" includes any department, commission, agency or
| 14 |
| instrumentality of the State, including any county, city, | 15 |
| village, or
township and any agency or instrumentality thereof.
| 16 |
| (Source: P.A. 86-1475; 87-895.)
| 17 |
| (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
| 18 |
| Sec. 10.1. The following are ineligible for any license | 19 |
| under this Act:
| 20 |
| (a) any person who has been convicted of a felony;
| 21 |
| (b) any person who is or has been a professional gambler or | 22 |
| gambling
promoter;
| 23 |
| (c) any person who has engaged in bookmaking or other forms | 24 |
| of illegal
gambling;
| 25 |
| (d) any person who is not of good character and reputation | 26 |
| in the
community in which he resides;
| 27 |
| (e) any person who has been found guilty of any fraud or
| 28 |
| misrepresentation in any connection;
| 29 |
| (f) any firm or corporation in which a person defined in | 30 |
| (a), (b), (c),
(d) or (e) has a proprietary, equitable or | 31 |
| credit interest of 5% or more.
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| (g) any organization in which a person defined in (a), (b), | 33 |
| (c), (d) or
(e) is an officer, director, or managing agent, | 34 |
| whether compensated or not;
| 35 |
| (h) any organization in which a person defined in (a), (b), |
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| (c), (d), or
(e) is to participate in the management or sales | 2 |
| of lottery tickets or
shares.
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| However, with respect to persons defined in (a), the | 4 |
| Department may grant
any such person a license under this Act | 5 |
| when:
| 6 |
| 1) at least 10 years have elapsed since the date when the | 7 |
| sentence for
the most recent such conviction was satisfactorily | 8 |
| completed;
| 9 |
| 2) the applicant has no history of criminal activity | 10 |
| subsequent to such conviction;
| 11 |
| 3) the applicant has complied with all conditions of | 12 |
| probation, conditional
discharge, supervision, parole or | 13 |
| mandatory supervised release; and
| 14 |
| 4) the applicant presents at least 3 letters of | 15 |
| recommendation from responsible
citizens in his community who | 16 |
| personally can attest that the character and
attitude of the | 17 |
| applicant indicate that he is unlikely
to commit another crime.
| 18 |
| The Division
Department may revoke, without notice or a | 19 |
| hearing, the license of
any agent who violates this Act or any | 20 |
| rule or regulation promulgated
pursuant to this Act. However, | 21 |
| if the Division
Department does revoke a license
without notice | 22 |
| and an opportunity for a hearing, the Division
Department | 23 |
| shall, by
appropriate notice, afford the person whose license | 24 |
| has been revoked an
opportunity for a hearing within 30 days | 25 |
| after the revocation order has
been issued. As a result of any | 26 |
| such hearing, the Division
Department may confirm
its action in | 27 |
| revoking the license, or it may order the restoration of such
| 28 |
| license.
| 29 |
| (Source: P.A. 82-404.)
| 30 |
| (20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
| 31 |
| Sec. 10.1a. In addition to other grounds specified in this | 32 |
| Act, the
Division
Department shall refuse to issue and shall | 33 |
| suspend the license of any lottery
sales agency who fails to | 34 |
| file a return, or to pay the tax, penalty or
interest shown in | 35 |
| a filed return, or to pay any final assessment of tax,
penalty |
|
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| or interest, as required by any tax Act administered by the
| 2 |
| Illinois Department of Revenue , until such time as the | 3 |
| requirements of any
such tax Act are satisfied, unless the | 4 |
| agency is contesting, in accordance
with the procedures | 5 |
| established by the appropriate revenue Act, its
liability for | 6 |
| the tax or the amount of tax. The Division
Department shall
| 7 |
| affirmatively verify the tax status of every sales agency | 8 |
| before issuing or
renewing a license. For purposes of this | 9 |
| Section, a sales agency shall not
be considered delinquent in | 10 |
| the payment of a tax if the agency (a) has
entered into an | 11 |
| agreement with the Department of Revenue for the payment of
all | 12 |
| such taxes that are due and (b) is in compliance with the | 13 |
| agreement.
| 14 |
| (Source: P.A. 87-341.)
| 15 |
| (20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
| 16 |
| Sec. 10.2. Application and other fees. Each application | 17 |
| for a new lottery license must be accompanied by a one-time | 18 |
| application fee of $50; the Division
Department , however, may | 19 |
| waive the fee for licenses of limited duration as provided by | 20 |
| Department rule. Each application for renewal of a lottery | 21 |
| license must be accompanied by a renewal fee of $25. Each | 22 |
| lottery licensee granted on-line status pursuant to the | 23 |
| Department's rules must pay a fee of $10 per week as partial | 24 |
| reimbursement for telecommunications charges incurred by the | 25 |
| Department in providing access to the lottery's on-line gaming | 26 |
| system. The Department, by rule, may increase or decrease the | 27 |
| amount of these fees.
| 28 |
| (Source: P.A. 93-840, eff. 7-30-04.)
| 29 |
| (20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
| 30 |
| Sec. 10.6. The Division
Department shall make an effort to | 31 |
| more directly inform
players of the odds of winning prizes. | 32 |
| This effort shall include, at a
minimum, that the Division
| 33 |
| Department require all ticket agents to display a placard
| 34 |
| stating the odds of winning for each game offered by that |
|
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| agent.
| 2 |
| (Source: P.A. 85-183.)
| 3 |
| (20 ILCS 1605/10.7)
| 4 |
| Sec. 10.7. Compulsive gambling.
| 5 |
| (a) Each lottery sales agent shall post a statement | 6 |
| regarding obtaining
assistance with gambling problems and | 7 |
| including a toll-free "800" telephone
number providing crisis | 8 |
| counseling and referral services to families
experiencing | 9 |
| difficulty as a result of problem or compulsive gambling. The
| 10 |
| text of the statement shall be determined by rule by the | 11 |
| Department of
Human Services, shall be no more than
one | 12 |
| sentence in length, and shall be posted on the placard required | 13 |
| under
Section 10.6. The signs shall be provided by the | 14 |
| Department of Human
Services.
| 15 |
| (b) The Division
Department shall print a statement | 16 |
| regarding obtaining assistance
with gambling problems, the | 17 |
| text of which shall be determined by rule by the
Department of | 18 |
| Human Services, on all
paper stock it provides to
the general | 19 |
| public.
| 20 |
| (c) The Division
Department shall print a statement of no | 21 |
| more than one sentence
in length regarding obtaining assistance | 22 |
| with gambling problems and including a
toll-free "800" number | 23 |
| providing crisis counseling and referral services to
families | 24 |
| experiencing difficulty as a result of problem or compulsive | 25 |
| gambling
on the back of all lottery tickets.
| 26 |
| (Source: P.A. 89-374, eff. 1-1-96; 89-507, eff. 7-1-97.)
| 27 |
| (20 ILCS 1605/12) (from Ch. 120, par. 1162)
| 28 |
| Sec. 12. The public inspection and copying of the records | 29 |
| and data of the
Division
Department and the Board shall be | 30 |
| generally governed by the provisions of the
Freedom of | 31 |
| Information Act except that the following shall additionally be
| 32 |
| exempt from inspection and copying:
| 33 |
| (i) information privileged against introduction in | 34 |
| judicial proceedings;
|
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| (ii) internal communications of the several agencies;
| 2 |
| (iii) information concerning secret manufacturing | 3 |
| processes or
confidential data submitted by any person under | 4 |
| this Act;
| 5 |
| (iv) any creative proposals, scripts, storyboards or other | 6 |
| materials
prepared by or for the Division
Department , prior to | 7 |
| the placement of the materials in
the media, if the prior | 8 |
| release of the materials would compromise the
effectiveness of | 9 |
| an advertising campaign ; .
| 10 |
| (v) results of marketing research that, if disclosed, could | 11 |
| give a competitive advantage to forms of gambling other than | 12 |
| the State Lottery.
| 13 |
| (Source: P.A. 88-522.)
| 14 |
| (20 ILCS 1605/13) (from Ch. 120, par. 1163)
| 15 |
| Sec. 13. Except as otherwise provided in Section 13.1, no | 16 |
| prize, nor any
portion of a prize, nor any right of any
person | 17 |
| to a prize awarded shall be assignable. Any prize, or portion
| 18 |
| thereof remaining unpaid at the death of a prize winner, may be | 19 |
| paid to the
estate
of such deceased prize winner, or to the | 20 |
| trustee under a revocable living
trust established by the | 21 |
| deceased prize winner as settlor, provided that a
copy of such | 22 |
| a trust has been filed with the Department along with a
| 23 |
| notarized letter of direction from the settlor and no written | 24 |
| notice of
revocation has been received by the Division
| 25 |
| Department prior to the settlor's
death. Following such a | 26 |
| settlor's death and prior to any payment to such a
successor | 27 |
| trustee, the Superintendent
Director shall obtain from the | 28 |
| trustee and each
trust beneficiary a written agreement to | 29 |
| indemnify and hold the Department and the Division
harmless | 30 |
| with respect to any claims that may be asserted against the
| 31 |
| Department or the Division arising from payment to or through | 32 |
| the trust. Notwithstanding
any other provision of this Section, | 33 |
| any person pursuant to an appropriate
judicial order may be | 34 |
| paid
the prize to which a winner is entitled, and all or part | 35 |
| of any prize
otherwise payable by
State warrant under this |
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| Section shall be withheld upon certification to
the State | 2 |
| Comptroller from the Illinois Department of Public Aid as
| 3 |
| provided in Section 10-17.5 of The Illinois Public Aid Code. | 4 |
| The Director
and the Superintendent shall be discharged of all | 5 |
| further liability upon payment of a prize
pursuant to this | 6 |
| Section.
| 7 |
| (Source: P.A. 93-465, eff. 1-1-04.)
| 8 |
| (20 ILCS 1605/14) (from Ch. 120, par. 1164)
| 9 |
| Sec. 14. No person shall sell a ticket or share at a price | 10 |
| greater than that
fixed by rule or regulation of the Department | 11 |
| or the Division . No person other than a
licensed lottery sales | 12 |
| agent or distributor shall sell or resell lottery
tickets or | 13 |
| shares. No person shall charge a fee to redeem a winning ticket | 14 |
| or
share.
| 15 |
| Any person convicted of violating this Section shall be | 16 |
| guilty of a
Class B misdemeanor; provided, that if any offense | 17 |
| under this Section is
a subsequent offense, the offender shall | 18 |
| be guilty of a Class 4 felony.
| 19 |
| (Source: P.A. 87-1271.)
| 20 |
| (20 ILCS 1605/14.3)
| 21 |
| Sec. 14.3. Misuse of proprietary material prohibited. | 22 |
| Except as may be
provided in Section 7.11, or by bona fide sale | 23 |
| or by prior authorization from
the Department or the Division , | 24 |
| or otherwise by law, all premiums, promotional and other
| 25 |
| proprietary material produced or acquired by the Division
| 26 |
| Department as part of its
advertising and promotional | 27 |
| activities shall remain the property of the
Department. Nothing | 28 |
| herein shall be construed to affect the rights or
obligations | 29 |
| of the Department or any other person under federal or State
| 30 |
| trademark or copyright laws.
| 31 |
| (Source: P.A. 88-522.)
| 32 |
| (20 ILCS 1605/15) (from Ch. 120, par. 1165)
| 33 |
| Sec. 15. No minor under 18 years of age shall buy a lottery |
|
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| ticket or
share. No person shall sell, distribute samples of, | 2 |
| or furnish a lottery
ticket or share to any minor under 18 | 3 |
| years of age, buy a lottery ticket or
share for any minor under | 4 |
| 18 years of age, or aid and abet in the purchase of
lottery | 5 |
| tickets or shares by a minor under 18 years of age.
| 6 |
| No ticket or share shall be purchased by, and no prize | 7 |
| shall be paid to
any of the following persons: any member of | 8 |
| the Board or any officer or
other person employed by the Board | 9 |
| or by the Division; any officer or employee of the Department | 10 |
| directly performing services for the Division
Department ;
any | 11 |
| spouse, child, brother, sister or parent residing as a member | 12 |
| of the
same household in the principal place of abode of any | 13 |
| such persons; or any
minor under 18 years of age.
| 14 |
| Any
violation of this Section by a person other than the | 15 |
| purchasing minor shall be
a Class B misdemeanor;
provided,
that | 16 |
| if any violation of this Section is a subsequent
violation, the
| 17 |
| offender shall be guilty of a Class 4 felony. Notwithstanding | 18 |
| any provision
to the contrary, a violation of this Section by a | 19 |
| minor under 18 years of age
shall be a petty offense.
| 20 |
| (Source: P.A. 90-346, eff. 8-8-97.)
| 21 |
| (20 ILCS 1605/19) (from Ch. 120, par. 1169)
| 22 |
| Sec. 19. The Division
Department shall establish an | 23 |
| appropriate period for the
claiming of prizes for each lottery | 24 |
| game offered. Each claim period shall
be stated in game rules | 25 |
| and written play
instructions issued by the Superintendent
| 26 |
| Director in accordance with Section 7.1 of
this Act. Written | 27 |
| play instructions shall be made available to all players
| 28 |
| through sales agents licensed to sell game tickets or shares.
| 29 |
| Prizes for lottery games which involve the purchase of a | 30 |
| physical lottery
ticket may be claimed only by presentation of | 31 |
| a valid winning lottery
ticket that matches validation records | 32 |
| on file with the Lottery; no
claim may be honored which is | 33 |
| based on the assertion that the ticket was
lost or stolen. No | 34 |
| lottery ticket which has been altered, mutilated, or
fails to | 35 |
| pass validation tests shall be deemed to be a winning ticket.
|
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| If no claim
is made for the money within the established | 2 |
| claim period, the prize may
be included in the prize pool of | 3 |
| such special drawing or drawings as the
Division
Department | 4 |
| may, from time to time, designate. Unclaimed
multi-state game | 5 |
| prize money may be included in the multi-state
prize
pool for | 6 |
| such special drawing or drawings as the multi-state game | 7 |
| directors
may, from time to time, designate. Any bonuses | 8 |
| offered by the Department
to sales agents who sell winning | 9 |
| tickets or shares shall be
payable to such agents regardless of | 10 |
| whether or not the prize money on the
ticket or share is | 11 |
| claimed, provided that the agent can be identified as
the | 12 |
| vendor of the winning ticket or share, and
that the winning | 13 |
| ticket or share was sold on or after January 1, 1984.
All | 14 |
| unclaimed prize money not included in the prize pool of a | 15 |
| special
drawing shall be transferred to the Common School Fund.
| 16 |
| (Source: P.A. 90-724, eff. 1-1-99.)
| 17 |
| (20 ILCS 1605/21) (from Ch. 120, par. 1171)
| 18 |
| Sec. 21. All lottery sales agents or distributors shall be | 19 |
| liable to the
Lottery for any and all tickets accepted or | 20 |
| generated by any employee or
representative of that agent or | 21 |
| distributor, and such tickets shall be deemed
to have been | 22 |
| purchased by the agent or distributor unless returned to the
| 23 |
| Lottery within the time and in the manner prescribed by the | 24 |
| Superintendent
Director . All
moneys received by such agents or | 25 |
| distributors from the sale of lottery tickets
or shares, less | 26 |
| the amount retained as compensation for the sale of the tickets
| 27 |
| or shares and the amount paid out as prizes, shall be paid over | 28 |
| to a lottery
representative or deposited in a bank or savings | 29 |
| and loan association approved
by the State Treasurer, as | 30 |
| prescribed by the Superintendent
Director .
| 31 |
| No bank or savings and loan association shall receive | 32 |
| public funds as
permitted by this Section, unless it has | 33 |
| complied with the requirements
established pursuant to Section | 34 |
| 6 of the Public Funds Investment Act.
| 35 |
| Each payment or deposit shall be accompanied by a report of |
|
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| the agent's
receipts and transactions in the sale of lottery | 2 |
| tickets in such form and
containing such information as the | 3 |
| Superintendent
Director may require. Any
discrepancies in such | 4 |
| receipts and transactions may be resolved as
provided by the | 5 |
| rules and regulations of the Department.
| 6 |
| If any money due the Lottery by a sales agent or | 7 |
| distributor is not paid
when due or demanded, it shall | 8 |
| immediately become delinquent and be billed
on a subsequent | 9 |
| monthly statement. If on the closing date for any monthly
| 10 |
| statement a delinquent amount previously billed of more than | 11 |
| $50 remains
unpaid, interest in such amount shall be accrued at | 12 |
| the rate of 2% per month
or fraction thereof from the date when | 13 |
| such delinquent amount becomes past
due until such delinquent | 14 |
| amount, including interest, penalty and other
costs and charges | 15 |
| that the Department may incur in collecting such amounts, is
| 16 |
| paid. In case any agent or distributor fails to pay any moneys | 17 |
| due the Lottery
within 30 days after a second bill or statement | 18 |
| is rendered to the agent or
distributor, such amount shall be | 19 |
| deemed seriously delinquent and may be
referred by the | 20 |
| Department to a collection agency or credit bureau for
| 21 |
| collection. Any contract entered into by the Department for the | 22 |
| collection of
seriously delinquent accounts with a collection | 23 |
| agency or credit bureau may be
satisfied by a commercially | 24 |
| reasonable percentage of the delinquent account
recouped, | 25 |
| which shall be negotiated by the Department in accordance with
| 26 |
| commercially accepted standards. Any costs incurred by the | 27 |
| Department or
others authorized to act in its behalf in | 28 |
| collecting such delinquencies may be
assessed against the agent | 29 |
| or distributor and included as a part of the
delinquent | 30 |
| account.
| 31 |
| In case of failure of an agent or distributor to pay a | 32 |
| seriously delinquent
amount, or any portion thereof, including | 33 |
| interest, penalty and costs,
the Division
Department may issue | 34 |
| a Notice of Assessment. In determining amounts
shown on the | 35 |
| Notice of Assessment, the Division
Department shall utilize the
| 36 |
| financial information available from its records. Such Notice |
|
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| of
Assessment shall be prima facie correct and shall be prima | 2 |
| facie evidence
of delinquent sums due under this Section at any | 3 |
| hearing before the Board,
or its Hearing Officers, or at any | 4 |
| other legal proceeding. Reproduced
copies of the Division's
| 5 |
| Department's records relating to a delinquent account or a
| 6 |
| Notice of Assessment offered in the name of the Department, | 7 |
| under the
Certificate of the Director or any officer or | 8 |
| employee of the Department
designated in writing by the | 9 |
| Director shall, without further proof, be
admitted into | 10 |
| evidence in any such hearing or any legal proceeding and shall | 11 |
| be
prima facie proof of the delinquency, including principal | 12 |
| and any interest,
penalties and costs, as shown thereon. The | 13 |
| Attorney General may bring suit on
behalf of the Department to | 14 |
| collect all such delinquent amounts, or any portion
thereof, | 15 |
| including interest, penalty and costs, due the Lottery.
| 16 |
| Any person who accepts money that is due to the Department | 17 |
| from the
sale of lottery tickets under this Act, but who | 18 |
| wilfully fails to remit
such payment to the Department when due | 19 |
| or who purports to make such payment
but wilfully fails to do | 20 |
| so because his check or other remittance fails to
clear the | 21 |
| bank or savings and loan association against
which it is drawn, | 22 |
| in
addition to the amount due and in addition to any other | 23 |
| penalty provided by
law, shall be assessed, and shall pay, a | 24 |
| penalty equal to 5% of the deficiency
plus any costs or charges | 25 |
| incurred by the Department in collecting such amount.
| 26 |
| The Director may make such arrangements for any person(s), | 27 |
| banks, savings and
loan associations or distributors, to | 28 |
| perform such functions, activities or
services in connection | 29 |
| with the operation of the lottery as he deems advisable
| 30 |
| pursuant to this Act, the State Comptroller Act, or the rules | 31 |
| and regulations of the Department,
and such functions, | 32 |
| activities or services shall constitute lawful functions,
| 33 |
| activities and services of such person(s), banks, savings and | 34 |
| loan associations
or distributors.
| 35 |
| All income arising out of any activity or purpose of the | 36 |
| Division
Department
shall,
pursuant to the State Finance Act, |
|
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| be paid into the State Treasury except as otherwise provided by | 2 |
| the
rules and regulations of the Department and shall be | 3 |
| covered into a special
fund to be known as the State Lottery | 4 |
| Fund. Banks and savings and loan
associations may be | 5 |
| compensated for services rendered based upon the activity
and | 6 |
| amount of funds on deposit.
| 7 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 8 |
| (20 ILCS 1605/24) (from Ch. 120, par. 1174)
| 9 |
| Sec. 24. The State Comptroller shall conduct a preaudit of | 10 |
| all accounts and
transactions of the Department in connection | 11 |
| with the operation of the State Lottery under the State | 12 |
| Comptroller Act, excluding
payments issued by the Department | 13 |
| for prizes of $25,000 or less.
| 14 |
| The Auditor General or a certified public accountant
firm | 15 |
| appointed by
him shall conduct an annual post-audit of all | 16 |
| accounts and transactions of
the Department in connection with | 17 |
| the operation of the State Lottery and other special post | 18 |
| audits as the Auditor General, the
Legislative Audit | 19 |
| Commission, or the General Assembly deems
necessary. The
annual | 20 |
| post-audits shall include payments made by lottery sales agents | 21 |
| of
prizes of less than $600 authorized under Section 20, and | 22 |
| payments made by
the Department of prizes up to $25,000 | 23 |
| authorized under
Section 20.1. The Auditor General or his agent
| 24 |
| conducting an audit under this
Act shall have access and | 25 |
| authority to examine any and all records of the
Department or | 26 |
| the Board, its distributing agents and its licensees.
| 27 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 28 |
| (20 ILCS 1605/5.1 rep.)
| 29 |
| (20 ILCS 1605/21.2 rep.) (from Ch. 120, par. 1171.2)
| 30 |
| Section 10. The Illinois Lottery Law is amended by | 31 |
| repealing Sections 5.1 and 21.2. | 32 |
| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
|
|