Bill Amendment: IL SB4020 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: UNCF-LOTTERY SCRATCH-OFF
Status: 2023-01-09 - Held on Calendar Order of Second Reading - Short Debate [SB4020 Detail]
Download: Illinois-2021-SB4020-House_Amendment_002.html
Bill Title: UNCF-LOTTERY SCRATCH-OFF
Status: 2023-01-09 - Held on Calendar Order of Second Reading - Short Debate [SB4020 Detail]
Download: Illinois-2021-SB4020-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 4020
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2 | AMENDMENT NO. ______. Amend Senate Bill 4020, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Lottery Law is amended by | ||||||
6 | changing Sections 2, 9.1, 20, 21.5, 21.6, 21.7, 21.8, 21.9, | ||||||
7 | 21.10, 21.11, and 21.13 and by adding Sections 21.4 and 21.15 | ||||||
8 | as follows:
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9 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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10 | Sec. 2. This Act is enacted to implement and establish | ||||||
11 | within the State
a lottery to be conducted by the State through | ||||||
12 | the Department. The entire net proceeds of the Lottery
are to | ||||||
13 | be used for the support of the State's Common School Fund,
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14 | except as provided in subsection (o) of Section 9.1 and | ||||||
15 | Sections 21.4 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, | ||||||
16 | 21.12, and 21.13 , and 21.15 . The General Assembly finds that |
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1 | it is in the public interest for the Department to conduct the | ||||||
2 | functions of the Lottery with the assistance of a private | ||||||
3 | manager under a management agreement overseen by the | ||||||
4 | Department. The Department shall be accountable to the General | ||||||
5 | Assembly and the people of the State through a comprehensive | ||||||
6 | system of regulation, audits, reports, and enduring | ||||||
7 | operational oversight. The Department's ongoing conduct of the | ||||||
8 | Lottery through a management agreement with a private manager | ||||||
9 | shall act to promote and ensure the integrity, security, | ||||||
10 | honesty, and fairness of the Lottery's operation and | ||||||
11 | administration. It is the intent of the General Assembly that | ||||||
12 | the Department shall conduct the Lottery with the assistance | ||||||
13 | of a private manager under a management agreement at all times | ||||||
14 | in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), | ||||||
15 | 1953(b)(4).
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16 | Beginning with Fiscal Year 2018 and every year thereafter, | ||||||
17 | any moneys transferred from the State Lottery Fund to the | ||||||
18 | Common School Fund shall be supplemental to, and not in lieu | ||||||
19 | of, any other money due to be transferred to the Common School | ||||||
20 | Fund by law or appropriation. | ||||||
21 | (Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; | ||||||
22 | 102-558, eff. 8-20-21.)
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23 | (20 ILCS 1605/9.1) | ||||||
24 | Sec. 9.1. Private manager and management agreement. | ||||||
25 | (a) As used in this Section: |
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1 | "Offeror" means a person or group of persons that responds | ||||||
2 | to a request for qualifications under this Section. | ||||||
3 | "Request for qualifications" means all materials and | ||||||
4 | documents prepared by the Department to solicit the following | ||||||
5 | from offerors: | ||||||
6 | (1) Statements of qualifications. | ||||||
7 | (2) Proposals to enter into a management agreement, | ||||||
8 | including the identity of any prospective vendor or | ||||||
9 | vendors that the offeror intends to initially engage to | ||||||
10 | assist the offeror in performing its obligations under the | ||||||
11 | management agreement. | ||||||
12 | "Final offer" means the last proposal submitted by an | ||||||
13 | offeror in response to the request for qualifications, | ||||||
14 | including the identity of any prospective vendor or vendors | ||||||
15 | that the offeror intends to initially engage to assist the | ||||||
16 | offeror in performing its obligations under the management | ||||||
17 | agreement. | ||||||
18 | "Final offeror" means the offeror ultimately selected by | ||||||
19 | the Governor to be the private manager for the Lottery under | ||||||
20 | subsection (h) of this Section. | ||||||
21 | (b) By September 15, 2010, the Governor shall select a | ||||||
22 | private manager for the total management of the Lottery with | ||||||
23 | integrated functions, such as lottery game design, supply of | ||||||
24 | goods and services, and advertising and as specified in this | ||||||
25 | Section. | ||||||
26 | (c) Pursuant to the terms of this subsection, the |
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1 | Department shall endeavor to expeditiously terminate the | ||||||
2 | existing contracts in support of the Lottery in effect on July | ||||||
3 | 13, 2009 (the effective date of Public Act 96-37) in | ||||||
4 | connection with the selection of the private manager. As part | ||||||
5 | of its obligation to terminate these contracts and select the | ||||||
6 | private manager, the Department shall establish a mutually | ||||||
7 | agreeable timetable to transfer the functions of existing | ||||||
8 | contractors to the private manager so that existing Lottery | ||||||
9 | operations are not materially diminished or impaired during | ||||||
10 | the transition. To that end, the Department shall do the | ||||||
11 | following: | ||||||
12 | (1) where such contracts contain a provision | ||||||
13 | authorizing termination upon notice, the Department shall | ||||||
14 | provide notice of termination to occur upon the mutually | ||||||
15 | agreed timetable for transfer of functions; | ||||||
16 | (2) upon the expiration of any initial term or renewal | ||||||
17 | term of the current Lottery contracts, the Department | ||||||
18 | shall not renew such contract for a term extending beyond | ||||||
19 | the mutually agreed timetable for transfer of functions; | ||||||
20 | or | ||||||
21 | (3) in the event any current contract provides for | ||||||
22 | termination of that contract upon the implementation of a | ||||||
23 | contract with the private manager, the Department shall | ||||||
24 | perform all necessary actions to terminate the contract on | ||||||
25 | the date that coincides with the mutually agreed timetable | ||||||
26 | for transfer of functions. |
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1 | If the contracts to support the current operation of the | ||||||
2 | Lottery in effect on July 13, 2009 (the effective date of | ||||||
3 | Public Act 96-34) are not subject to termination as provided | ||||||
4 | for in this subsection (c), then the Department may include a | ||||||
5 | provision in the contract with the private manager specifying | ||||||
6 | a mutually agreeable methodology for incorporation. | ||||||
7 | (c-5) The Department shall include provisions in the | ||||||
8 | management agreement whereby the private manager shall, for a | ||||||
9 | fee, and pursuant to a contract negotiated with the Department | ||||||
10 | (the "Employee Use Contract"), utilize the services of current | ||||||
11 | Department employees to assist in the administration and | ||||||
12 | operation of the Lottery. The Department shall be the employer | ||||||
13 | of all such bargaining unit employees assigned to perform such | ||||||
14 | work for the private manager, and such employees shall be | ||||||
15 | State employees, as defined by the Personnel Code. Department | ||||||
16 | employees shall operate under the same employment policies, | ||||||
17 | rules, regulations, and procedures, as other employees of the | ||||||
18 | Department. In addition, neither historical representation | ||||||
19 | rights under the Illinois Public Labor Relations Act, nor | ||||||
20 | existing collective bargaining agreements, shall be disturbed | ||||||
21 | by the management agreement with the private manager for the | ||||||
22 | management of the Lottery. | ||||||
23 | (d) The management agreement with the private manager | ||||||
24 | shall include all of the following: | ||||||
25 | (1) A term not to exceed 10 years, including any | ||||||
26 | renewals. |
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1 | (2) A provision specifying that the Department: | ||||||
2 | (A) shall exercise actual control over all | ||||||
3 | significant business decisions; | ||||||
4 | (A-5) has the authority to direct or countermand | ||||||
5 | operating decisions by the private manager at any | ||||||
6 | time; | ||||||
7 | (B) has ready access at any time to information | ||||||
8 | regarding Lottery operations; | ||||||
9 | (C) has the right to demand and receive | ||||||
10 | information from the private manager concerning any | ||||||
11 | aspect of the Lottery operations at any time; and | ||||||
12 | (D) retains ownership of all trade names, | ||||||
13 | trademarks, and intellectual property associated with | ||||||
14 | the Lottery. | ||||||
15 | (3) A provision imposing an affirmative duty on the | ||||||
16 | private manager to provide the Department with material | ||||||
17 | information and with any information the private manager | ||||||
18 | reasonably believes the Department would want to know to | ||||||
19 | enable the Department to conduct the Lottery. | ||||||
20 | (4) A provision requiring the private manager to | ||||||
21 | provide the Department with advance notice of any | ||||||
22 | operating decision that bears significantly on the public | ||||||
23 | interest, including, but not limited to, decisions on the | ||||||
24 | kinds of games to be offered to the public and decisions | ||||||
25 | affecting the relative risk and reward of the games being | ||||||
26 | offered, so the Department has a reasonable opportunity to |
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1 | evaluate and countermand that decision. | ||||||
2 | (5) A provision providing for compensation of the | ||||||
3 | private manager that may consist of, among other things, a | ||||||
4 | fee for services and a performance based bonus as | ||||||
5 | consideration for managing the Lottery, including terms | ||||||
6 | that may provide the private manager with an increase in | ||||||
7 | compensation if Lottery revenues grow by a specified | ||||||
8 | percentage in a given year. | ||||||
9 | (6) (Blank). | ||||||
10 | (7) A provision requiring the deposit of all Lottery | ||||||
11 | proceeds to be deposited into the State Lottery Fund | ||||||
12 | except as otherwise provided in Section 20 of this Act. | ||||||
13 | (8) A provision requiring the private manager to | ||||||
14 | locate its principal office within the State. | ||||||
15 | (8-5) A provision encouraging that at least 20% of the | ||||||
16 | cost of contracts entered into for goods and services by | ||||||
17 | the private manager in connection with its management of | ||||||
18 | the Lottery, other than contracts with sales agents or | ||||||
19 | technical advisors, be awarded to businesses that are a | ||||||
20 | minority-owned business, a women-owned business, or a | ||||||
21 | business owned by a person with disability, as those terms | ||||||
22 | are defined in the Business Enterprise for Minorities, | ||||||
23 | Women, and Persons with Disabilities Act. | ||||||
24 | (9) A requirement that so long as the private manager | ||||||
25 | complies with all the conditions of the agreement under | ||||||
26 | the oversight of the Department, the private manager shall |
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1 | have the following duties and obligations with respect to | ||||||
2 | the management of the Lottery: | ||||||
3 | (A) The right to use equipment and other assets | ||||||
4 | used in the operation of the Lottery. | ||||||
5 | (B) The rights and obligations under contracts | ||||||
6 | with retailers and vendors. | ||||||
7 | (C) The implementation of a comprehensive security | ||||||
8 | program by the private manager. | ||||||
9 | (D) The implementation of a comprehensive system | ||||||
10 | of internal audits. | ||||||
11 | (E) The implementation of a program by the private | ||||||
12 | manager to curb compulsive gambling by persons playing | ||||||
13 | the Lottery. | ||||||
14 | (F) A system for determining (i) the type of | ||||||
15 | Lottery games, (ii) the method of selecting winning | ||||||
16 | tickets, (iii) the manner of payment of prizes to | ||||||
17 | holders of winning tickets, (iv) the frequency of | ||||||
18 | drawings of winning tickets, (v) the method to be used | ||||||
19 | in selling tickets, (vi) a system for verifying the | ||||||
20 | validity of tickets claimed to be winning tickets, | ||||||
21 | (vii) the basis upon which retailer commissions are | ||||||
22 | established by the manager, and (viii) minimum | ||||||
23 | payouts. | ||||||
24 | (10) A requirement that advertising and promotion must | ||||||
25 | be consistent with Section 7.8a of this Act. | ||||||
26 | (11) A requirement that the private manager market the |
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1 | Lottery to those residents who are new, infrequent, or | ||||||
2 | lapsed players of the Lottery, especially those who are | ||||||
3 | most likely to make regular purchases on the Internet as | ||||||
4 | permitted by law. | ||||||
5 | (12) A code of ethics for the private manager's | ||||||
6 | officers and employees. | ||||||
7 | (13) A requirement that the Department monitor and | ||||||
8 | oversee the private manager's practices and take action | ||||||
9 | that the Department considers appropriate to ensure that | ||||||
10 | the private manager is in compliance with the terms of the | ||||||
11 | management agreement, while allowing the manager, unless | ||||||
12 | specifically prohibited by law or the management | ||||||
13 | agreement, to negotiate and sign its own contracts with | ||||||
14 | vendors. | ||||||
15 | (14) A provision requiring the private manager to | ||||||
16 | periodically file, at least on an annual basis, | ||||||
17 | appropriate financial statements in a form and manner | ||||||
18 | acceptable to the Department. | ||||||
19 | (15) Cash reserves requirements. | ||||||
20 | (16) Procedural requirements for obtaining the prior | ||||||
21 | approval of the Department when a management agreement or | ||||||
22 | an interest in a management agreement is sold, assigned, | ||||||
23 | transferred, or pledged as collateral to secure financing. | ||||||
24 | (17) Grounds for the termination of the management | ||||||
25 | agreement by the Department or the private manager. | ||||||
26 | (18) Procedures for amendment of the agreement. |
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1 | (19) A provision requiring the private manager to | ||||||
2 | engage in an open and competitive bidding process for any | ||||||
3 | procurement having a cost in excess of $50,000 that is not | ||||||
4 | a part of the private manager's final offer. The process | ||||||
5 | shall favor the selection of a vendor deemed to have | ||||||
6 | submitted a proposal that provides the Lottery with the | ||||||
7 | best overall value. The process shall not be subject to | ||||||
8 | the provisions of the Illinois Procurement Code, unless | ||||||
9 | specifically required by the management agreement. | ||||||
10 | (20) The transition of rights and obligations, | ||||||
11 | including any associated equipment or other assets used in | ||||||
12 | the operation of the Lottery, from the manager to any | ||||||
13 | successor manager of the lottery, including the | ||||||
14 | Department, following the termination of or foreclosure | ||||||
15 | upon the management agreement. | ||||||
16 | (21) Right of use of copyrights, trademarks, and | ||||||
17 | service marks held by the Department in the name of the | ||||||
18 | State. The agreement must provide that any use of them by | ||||||
19 | the manager shall only be for the purpose of fulfilling | ||||||
20 | its obligations under the management agreement during the | ||||||
21 | term of the agreement. | ||||||
22 | (22) The disclosure of any information requested by | ||||||
23 | the Department to enable it to comply with the reporting | ||||||
24 | requirements and information requests provided for under | ||||||
25 | subsection (p) of this Section. | ||||||
26 | (e) Notwithstanding any other law to the contrary, the |
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1 | Department shall select a private manager through a | ||||||
2 | competitive request for qualifications process consistent with | ||||||
3 | Section 20-35 of the Illinois Procurement Code, which shall | ||||||
4 | take into account: | ||||||
5 | (1) the offeror's ability to market the Lottery to | ||||||
6 | those residents who are new, infrequent, or lapsed players | ||||||
7 | of the Lottery, especially those who are most likely to | ||||||
8 | make regular purchases on the Internet; | ||||||
9 | (2) the offeror's ability to address the State's | ||||||
10 | concern with the social effects of gambling on those who | ||||||
11 | can least afford to do so; | ||||||
12 | (3) the offeror's ability to provide the most | ||||||
13 | successful management of the Lottery for the benefit of | ||||||
14 | the people of the State based on current and past business | ||||||
15 | practices or plans of the offeror; and | ||||||
16 | (4) the offeror's poor or inadequate past performance | ||||||
17 | in servicing, equipping, operating or managing a lottery | ||||||
18 | on behalf of Illinois, another State or foreign government | ||||||
19 | and attracting persons who are not currently regular | ||||||
20 | players of a lottery. | ||||||
21 | (f) The Department may retain the services of an advisor | ||||||
22 | or advisors with significant experience in financial services | ||||||
23 | or the management, operation, and procurement of goods, | ||||||
24 | services, and equipment for a government-run lottery to assist | ||||||
25 | in the preparation of the terms of the request for | ||||||
26 | qualifications and selection of the private manager. Any |
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1 | prospective advisor seeking to provide services under this | ||||||
2 | subsection (f) shall disclose any material business or | ||||||
3 | financial relationship during the past 3 years with any | ||||||
4 | potential offeror, or with a contractor or subcontractor | ||||||
5 | presently providing goods, services, or equipment to the | ||||||
6 | Department to support the Lottery. The Department shall | ||||||
7 | evaluate the material business or financial relationship of | ||||||
8 | each prospective advisor. The Department shall not select any | ||||||
9 | prospective advisor with a substantial business or financial | ||||||
10 | relationship that the Department deems to impair the | ||||||
11 | objectivity of the services to be provided by the prospective | ||||||
12 | advisor. During the course of the advisor's engagement by the | ||||||
13 | Department, and for a period of one year thereafter, the | ||||||
14 | advisor shall not enter into any business or financial | ||||||
15 | relationship with any offeror or any vendor identified to | ||||||
16 | assist an offeror in performing its obligations under the | ||||||
17 | management agreement. Any advisor retained by the Department | ||||||
18 | shall be disqualified from being an offeror.
The Department | ||||||
19 | shall not include terms in the request for qualifications that | ||||||
20 | provide a material advantage whether directly or indirectly to | ||||||
21 | any potential offeror, or any contractor or subcontractor | ||||||
22 | presently providing goods, services, or equipment to the | ||||||
23 | Department to support the Lottery, including terms contained | ||||||
24 | in previous responses to requests for proposals or | ||||||
25 | qualifications submitted to Illinois, another State or foreign | ||||||
26 | government when those terms are uniquely associated with a |
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1 | particular potential offeror, contractor, or subcontractor. | ||||||
2 | The request for proposals offered by the Department on | ||||||
3 | December 22, 2008 as "LOT08GAMESYS" and reference number | ||||||
4 | "22016176" is declared void. | ||||||
5 | (g) The Department shall select at least 2 offerors as | ||||||
6 | finalists to potentially serve as the private manager no later | ||||||
7 | than August 9, 2010. Upon making preliminary selections, the | ||||||
8 | Department shall schedule a public hearing on the finalists' | ||||||
9 | proposals and provide public notice of the hearing at least 7 | ||||||
10 | calendar days before the hearing. The notice must include all | ||||||
11 | of the following: | ||||||
12 | (1) The date, time, and place of the hearing. | ||||||
13 | (2) The subject matter of the hearing. | ||||||
14 | (3) A brief description of the management agreement to | ||||||
15 | be awarded. | ||||||
16 | (4) The identity of the offerors that have been | ||||||
17 | selected as finalists to serve as the private manager. | ||||||
18 | (5) The address and telephone number of the | ||||||
19 | Department. | ||||||
20 | (h) At the public hearing, the Department shall (i) | ||||||
21 | provide sufficient time for each finalist to present and | ||||||
22 | explain its proposal to the Department and the Governor or the | ||||||
23 | Governor's designee, including an opportunity to respond to | ||||||
24 | questions posed by the Department, Governor, or designee and | ||||||
25 | (ii) allow the public and non-selected offerors to comment on | ||||||
26 | the presentations. The Governor or a designee shall attend the |
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1 | public hearing. After the public hearing, the Department shall | ||||||
2 | have 14 calendar days to recommend to the Governor whether a | ||||||
3 | management agreement should be entered into with a particular | ||||||
4 | finalist. After reviewing the Department's recommendation, the | ||||||
5 | Governor may accept or reject the Department's recommendation, | ||||||
6 | and shall select a final offeror as the private manager by | ||||||
7 | publication of a notice in the Illinois Procurement Bulletin | ||||||
8 | on or before September 15, 2010. The Governor shall include in | ||||||
9 | the notice a detailed explanation and the reasons why the | ||||||
10 | final offeror is superior to other offerors and will provide | ||||||
11 | management services in a manner that best achieves the | ||||||
12 | objectives of this Section. The Governor shall also sign the | ||||||
13 | management agreement with the private manager. | ||||||
14 | (i) Any action to contest the private manager selected by | ||||||
15 | the Governor under this Section must be brought within 7 | ||||||
16 | calendar days after the publication of the notice of the | ||||||
17 | designation of the private manager as provided in subsection | ||||||
18 | (h) of this Section. | ||||||
19 | (j) The Lottery shall remain, for so long as a private | ||||||
20 | manager manages the Lottery in accordance with provisions of | ||||||
21 | this Act, a Lottery conducted by the State, and the State shall | ||||||
22 | not be authorized to sell or transfer the Lottery to a third | ||||||
23 | party. | ||||||
24 | (k) Any tangible personal property used exclusively in | ||||||
25 | connection with the lottery that is owned by the Department | ||||||
26 | and leased to the private manager shall be owned by the |
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1 | Department in the name of the State and shall be considered to | ||||||
2 | be public property devoted to an essential public and | ||||||
3 | governmental function. | ||||||
4 | (l) The Department may exercise any of its powers under | ||||||
5 | this Section or any other law as necessary or desirable for the | ||||||
6 | execution of the Department's powers under this Section. | ||||||
7 | (m) Neither this Section nor any management agreement | ||||||
8 | entered into under this Section prohibits the General Assembly | ||||||
9 | from authorizing forms of gambling that are not in direct | ||||||
10 | competition with the Lottery. The forms of gambling authorized | ||||||
11 | by Public Act 101-31 constitute authorized forms of gambling | ||||||
12 | that are not in direct competition with the Lottery. | ||||||
13 | (n) The private manager shall be subject to a complete | ||||||
14 | investigation in the third, seventh, and tenth years of the | ||||||
15 | agreement (if the agreement is for a 10-year term) by the | ||||||
16 | Department in cooperation with the Auditor General to | ||||||
17 | determine whether the private manager has complied with this | ||||||
18 | Section and the management agreement. The private manager | ||||||
19 | shall bear the cost of an investigation or reinvestigation of | ||||||
20 | the private manager under this subsection. | ||||||
21 | (o) The powers conferred by this Section are in addition | ||||||
22 | and supplemental to the powers conferred by any other law. If | ||||||
23 | any other law or rule is inconsistent with this Section, | ||||||
24 | including, but not limited to, provisions of the Illinois | ||||||
25 | Procurement Code, then this Section controls as to any | ||||||
26 | management agreement entered into under this Section. This |
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1 | Section and any rules adopted under this Section contain full | ||||||
2 | and complete authority for a management agreement between the | ||||||
3 | Department and a private manager. No law, procedure, | ||||||
4 | proceeding, publication, notice, consent, approval, order, or | ||||||
5 | act by the Department or any other officer, Department, | ||||||
6 | agency, or instrumentality of the State or any political | ||||||
7 | subdivision is required for the Department to enter into a | ||||||
8 | management agreement under this Section. This Section contains | ||||||
9 | full and complete authority for the Department to approve any | ||||||
10 | contracts entered into by a private manager with a vendor | ||||||
11 | providing goods, services, or both goods and services to the | ||||||
12 | private manager under the terms of the management agreement, | ||||||
13 | including subcontractors of such vendors. | ||||||
14 | Upon receipt of a written request from the Chief | ||||||
15 | Procurement Officer, the Department shall provide to the Chief | ||||||
16 | Procurement Officer a complete and un-redacted copy of the | ||||||
17 | management agreement or any contract that is subject to the | ||||||
18 | Department's approval authority under this subsection (o). The | ||||||
19 | Department shall provide a copy of the agreement or contract | ||||||
20 | to the Chief Procurement Officer in the time specified by the | ||||||
21 | Chief Procurement Officer in his or her written request, but | ||||||
22 | no later than 5 business days after the request is received by | ||||||
23 | the Department. The Chief Procurement Officer must retain any | ||||||
24 | portions of the management agreement or of any contract | ||||||
25 | designated by the Department as confidential, proprietary, or | ||||||
26 | trade secret information in complete confidence pursuant to |
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1 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
2 | The Department shall also provide the Chief Procurement | ||||||
3 | Officer with reasonable advance written notice of any contract | ||||||
4 | that is pending Department approval. | ||||||
5 | Notwithstanding any other provision of this Section to the | ||||||
6 | contrary, the Chief Procurement Officer shall adopt | ||||||
7 | administrative rules, including emergency rules, to establish | ||||||
8 | a procurement process to select a successor private manager if | ||||||
9 | a private management agreement has been terminated. The | ||||||
10 | selection process shall at a minimum take into account the | ||||||
11 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
12 | of this Section and may include provisions consistent with | ||||||
13 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
14 | Procurement Officer shall also implement and administer the | ||||||
15 | adopted selection process upon the termination of a private | ||||||
16 | management agreement. The Department, after the Chief | ||||||
17 | Procurement Officer certifies that the procurement process has | ||||||
18 | been followed in accordance with the rules adopted under this | ||||||
19 | subsection (o), shall select a final offeror as the private | ||||||
20 | manager and sign the management agreement with the private | ||||||
21 | manager. | ||||||
22 | Except as provided in Sections 21.4, 21.5, 21.6, 21.7, | ||||||
23 | 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13 , and 21.15 , the | ||||||
24 | Department shall distribute all proceeds of lottery tickets | ||||||
25 | and shares sold in the following priority and manner: | ||||||
26 | (1) The payment of prizes and retailer bonuses. |
| |||||||
| |||||||
1 | (2) The payment of costs incurred in the operation and | ||||||
2 | administration of the Lottery, including the payment of | ||||||
3 | sums due to the private manager under the management | ||||||
4 | agreement with the Department. | ||||||
5 | (3) On the last day of each month or as soon thereafter | ||||||
6 | as possible, the State Comptroller shall direct and the | ||||||
7 | State Treasurer shall transfer from the State Lottery Fund | ||||||
8 | to the Common School Fund an amount that is equal to the | ||||||
9 | proceeds transferred in the corresponding month of fiscal | ||||||
10 | year 2009, as adjusted for inflation, to the Common School | ||||||
11 | Fund. | ||||||
12 | (4) On or before September 30 of each fiscal year, | ||||||
13 | deposit any estimated remaining proceeds from the prior | ||||||
14 | fiscal year, subject to payments under items (1), (2), and | ||||||
15 | (3), into the Capital Projects Fund. Beginning in fiscal | ||||||
16 | year 2019, the amount deposited shall be increased or | ||||||
17 | decreased each year by the amount the estimated payment | ||||||
18 | differs from the amount determined from each year-end | ||||||
19 | financial audit. Only remaining net deficits from prior | ||||||
20 | fiscal years may reduce the requirement to deposit these | ||||||
21 | funds, as determined by the annual financial audit. | ||||||
22 | (p) The Department shall be subject to the following | ||||||
23 | reporting and information request requirements: | ||||||
24 | (1) the Department shall submit written quarterly | ||||||
25 | reports to the Governor and the General Assembly on the | ||||||
26 | activities and actions of the private manager selected |
| |||||||
| |||||||
1 | under this Section; | ||||||
2 | (2) upon request of the Chief Procurement Officer, the | ||||||
3 | Department shall promptly produce information related to | ||||||
4 | the procurement activities of the Department and the | ||||||
5 | private manager requested by the Chief Procurement | ||||||
6 | Officer; the Chief Procurement Officer must retain | ||||||
7 | confidential, proprietary, or trade secret information | ||||||
8 | designated by the Department in complete confidence | ||||||
9 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
10 | Information Act; and | ||||||
11 | (3) at least 30 days prior to the beginning of the | ||||||
12 | Department's fiscal year, the Department shall prepare an | ||||||
13 | annual written report on the activities of the private | ||||||
14 | manager selected under this Section and deliver that | ||||||
15 | report to the Governor and General Assembly. | ||||||
16 | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; | ||||||
17 | 101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
| ||||||
18 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| ||||||
19 | Sec. 20. State Lottery Fund.
| ||||||
20 | (a) There is created in the State Treasury a special fund | ||||||
21 | to be
known as the State Lottery Fund. Such fund shall consist | ||||||
22 | of all revenues
received from (1) the sale of lottery tickets | ||||||
23 | or shares, (net of
commissions, fees
representing those | ||||||
24 | expenses that are directly proportionate to the
sale of | ||||||
25 | tickets or shares at the agent location, and prizes of less
|
| |||||||
| |||||||
1 | than
$600 which
have been validly paid at the agent
level), (2) | ||||||
2 | application fees,
and (3) all other sources including moneys | ||||||
3 | credited or transferred thereto
from
any other fund
or source | ||||||
4 | pursuant to law. Interest earnings of the State Lottery Fund
| ||||||
5 | shall be credited to the Common School Fund.
| ||||||
6 | (a-5) The receipt and distribution of moneys under Section | ||||||
7 | 21.4 of this Act shall be in accordance with Section 21.4. | ||||||
8 | (b) The receipt and distribution of moneys under Section | ||||||
9 | 21.5 of this Act shall be in accordance with Section 21.5.
| ||||||
10 | (c) The receipt and distribution of moneys under Section | ||||||
11 | 21.6 of this Act shall be in accordance with Section 21.6. | ||||||
12 | (d) The receipt and distribution of moneys under Section | ||||||
13 | 21.7 of this Act shall be in accordance with Section 21.7.
| ||||||
14 | (e)
The receipt and distribution of moneys under Section | ||||||
15 | 21.8
of this Act shall be in accordance with Section 21.8.
| ||||||
16 | (f) The receipt and distribution of moneys under Section | ||||||
17 | 21.9 of this Act shall be in accordance with Section 21.9. | ||||||
18 | (g) The receipt and distribution of moneys under Section | ||||||
19 | 21.10 of this Act shall be in accordance with Section 21.10. | ||||||
20 | (h) The receipt and distribution of moneys under Section | ||||||
21 | 21.11 of this Act shall be in accordance with Section 21.11. | ||||||
22 | (i) (Blank). The receipt and distribution of moneys under | ||||||
23 | Section 21.12 of this Act shall be in accordance with Section | ||||||
24 | 21.12. | ||||||
25 | (j) The receipt and distribution of moneys under Section | ||||||
26 | 21.13 of this Act shall be in accordance with Section 21.13. |
| |||||||
| |||||||
1 | (k) The receipt and distribution of moneys under Section | ||||||
2 | 25-70 of the Sports Wagering Act shall be in accordance with | ||||||
3 | Section 25-70 of the Sports Wagering Act. | ||||||
4 | (l) The receipt and distribution of moneys under Section | ||||||
5 | 21.15 of this Act shall be in accordance with Section 21.15. | ||||||
6 | (Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; | ||||||
7 | 102-16, eff. 6-17-21.)
| ||||||
8 | (20 ILCS 1605/21.4 new) | ||||||
9 | Sec. 21.4. Joint special instant scratch-off game. | ||||||
10 | (a) The Department shall offer a joint special instant | ||||||
11 | scratch-off game for the benefit of the special causes | ||||||
12 | identified in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, | ||||||
13 | 21.11, and 21.13. The operation of the game shall be governed | ||||||
14 | by this Section and any rules adopted by the Department. The | ||||||
15 | game shall commence on October 1, 2022 or as soon thereafter, | ||||||
16 | at the discretion of the Director, as is reasonably practical. | ||||||
17 | If any provision of this Section is inconsistent with any | ||||||
18 | other provision of this Act, then this Section governs. | ||||||
19 | (b) The Department shall use either the joint special | ||||||
20 | instant scratch-off game or the special cause instant | ||||||
21 | scratch-off identified in Sections 21.5, 21.6, 21.7, 21.8, | ||||||
22 | 21.9, 21.10, 21.11, and 21.13 to fund each individual special | ||||||
23 | cause, but not both. The Department shall consult with the | ||||||
24 | governing board, or similar body, of that special cause | ||||||
25 | regarding the launch and promotion of the joint special |
| |||||||
| |||||||
1 | instant scratch-off game prior to its use for the benefit of | ||||||
2 | the cause. Once the joint special instant scratch-off game is | ||||||
3 | used to fund a special cause, the game will be used to fund the | ||||||
4 | special cause for the remainder of the special cause's | ||||||
5 | existence per the special cause's respective Section of this | ||||||
6 | Act. | ||||||
7 | (c) New special causes authorized by this Act after July | ||||||
8 | 1, 2022 shall be funded by the joint special instant | ||||||
9 | scratch-off game and shall have a sunset date. The Department | ||||||
10 | shall be limited to supporting no more than 10 special causes | ||||||
11 | in total at any given time. | ||||||
12 | (d) Net revenue received from the sale of the joint | ||||||
13 | special instant scratch-off game for the purposes of this | ||||||
14 | Section shall be divided equally among the special causes the | ||||||
15 | game benefits. The Department shall transfer the net revenue | ||||||
16 | into the special fund identified for each special cause in | ||||||
17 | accordance with the special cause's respective Section of this | ||||||
18 | Act. For the purpose of this subsection, "net revenue" means | ||||||
19 | the total amount for which tickets have been sold less the sum | ||||||
20 | of the amount paid out in prizes and to retailers, and direct | ||||||
21 | and estimated administrative expenses incurred in operation of | ||||||
22 | the ticket.
| ||||||
23 | (20 ILCS 1605/21.5)
| ||||||
24 | Sec. 21.5. Carolyn Adams Ticket For The Cure. | ||||||
25 | (a) The Department shall offer a special instant |
| |||||||
| |||||||
1 | scratch-off game with the title of "Carolyn Adams Ticket For | ||||||
2 | The Cure". The game shall commence on January 1, 2006 or as | ||||||
3 | soon thereafter, in the discretion of the Director, as is | ||||||
4 | reasonably practical, and shall be discontinued on December | ||||||
5 | 31, 2026. The operation of the game shall be governed by this | ||||||
6 | Act and any rules adopted by the Department. The Department | ||||||
7 | must consult with the Carolyn Adams Ticket For The Cure Board, | ||||||
8 | which is established under Section 2310-347 of the Department | ||||||
9 | of Public Health Powers and Duties Law of the
Civil | ||||||
10 | Administrative Code of Illinois, regarding the design and | ||||||
11 | promotion of the game. If any provision of this Section is | ||||||
12 | inconsistent with any other provision of this Act, then this | ||||||
13 | Section governs. | ||||||
14 | (b) The Carolyn Adams Ticket For The Cure Grant Fund is | ||||||
15 | created as a special fund in the State treasury. The net | ||||||
16 | revenue from the Carolyn Adams Ticket For The Cure special | ||||||
17 | instant scratch-off game shall be deposited into the Fund for | ||||||
18 | appropriation by the General Assembly solely to the Department | ||||||
19 | of Public Health for the purpose of making grants to public or | ||||||
20 | private entities in Illinois for the purpose of funding breast | ||||||
21 | cancer research, and supportive services for breast cancer | ||||||
22 | survivors and those impacted by breast cancer and breast | ||||||
23 | cancer education. In awarding grants, the Department of Public | ||||||
24 | Health shall consider criteria that includes, but is not | ||||||
25 | limited to, projects and initiatives that address disparities | ||||||
26 | in incidence and mortality rates of breast cancer, based on |
| |||||||
| |||||||
1 | data from the Illinois Cancer Registry, and populations facing | ||||||
2 | barriers to care. The Department of Public Health shall, | ||||||
3 | before grants are awarded, provide copies of all grant | ||||||
4 | applications to the Carolyn Adams Ticket For The Cure Board, | ||||||
5 | receive and review the Board's recommendations and comments, | ||||||
6 | and consult with the Board regarding the grants. For purposes | ||||||
7 | of this Section, the term "research" includes, without | ||||||
8 | limitation, expenditures to develop and advance the | ||||||
9 | understanding, techniques, and modalities effective in the | ||||||
10 | detection, prevention, screening, and treatment of breast | ||||||
11 | cancer and may include clinical trials. The grant funds may | ||||||
12 | not be used for institutional, organizational, or | ||||||
13 | community-based overhead costs, indirect costs, or levies. | ||||||
14 | Moneys received for the purposes of this Section, | ||||||
15 | including, without limitation, net revenue from the special | ||||||
16 | instant scratch-off game and gifts, grants, and awards from | ||||||
17 | any public or private entity, must be deposited into the Fund. | ||||||
18 | Any interest earned on moneys in the Fund must be deposited | ||||||
19 | into the Fund. | ||||||
20 | For purposes of this subsection, "net revenue" means the | ||||||
21 | total amount for which tickets have been sold less the sum of | ||||||
22 | the amount paid out in prizes and to retailers, and direct and | ||||||
23 | estimated the actual administrative expenses of the Department | ||||||
24 | solely related to the Ticket For The Cure game. | ||||||
25 | (c) During the time that tickets are sold for the Carolyn | ||||||
26 | Adams Ticket For The Cure game, the Department shall not |
| |||||||
| |||||||
1 | unreasonably diminish the efforts devoted to marketing any | ||||||
2 | other instant scratch-off lottery game. | ||||||
3 | (d) The Department may adopt any rules necessary to | ||||||
4 | implement and administer the provisions of this Section.
| ||||||
5 | (Source: P.A. 98-499, eff. 8-16-13; 99-917, eff. 12-30-16.)
| ||||||
6 | (20 ILCS 1605/21.6)
| ||||||
7 | Sec. 21.6. Scratch-off for Illinois veterans. | ||||||
8 | (a) The Department shall offer a special instant | ||||||
9 | scratch-off game for the benefit of Illinois veterans. The | ||||||
10 | game shall commence on January 1, 2006 or as soon thereafter, | ||||||
11 | at the discretion of the Director, as is reasonably practical. | ||||||
12 | The operation of the game shall be governed by this Act and any | ||||||
13 | rules adopted by the Department. If any provision of this | ||||||
14 | Section is inconsistent with any other provision of this Act, | ||||||
15 | then this Section governs. | ||||||
16 | (b) The Illinois Veterans Assistance Fund is created as a | ||||||
17 | special fund in the State treasury. The net revenue from the | ||||||
18 | Illinois veterans scratch-off game shall be deposited into the | ||||||
19 | Fund for appropriation by the General Assembly solely to the | ||||||
20 | Department of Veterans' Affairs for making grants, funding | ||||||
21 | additional services, or conducting additional research | ||||||
22 | projects relating to each of the following: | ||||||
23 | (i) veterans' post traumatic stress disorder; | ||||||
24 | (ii) veterans' homelessness; | ||||||
25 | (iii) the health insurance costs of veterans; |
| |||||||
| |||||||
1 | (iv) veterans' disability benefits, including but not | ||||||
2 | limited to, disability benefits provided by veterans | ||||||
3 | service organizations and veterans assistance commissions | ||||||
4 | or centers; | ||||||
5 | (v) the long-term care of veterans; provided that, | ||||||
6 | beginning with moneys appropriated for fiscal year 2008, | ||||||
7 | no more than 20% of such moneys shall be used for health | ||||||
8 | insurance costs; and | ||||||
9 | (vi) veteran employment and employment training. | ||||||
10 | In order to expend moneys from this special fund, | ||||||
11 | beginning with moneys appropriated for fiscal year 2008, the | ||||||
12 | Director of Veterans' Affairs shall appoint a 3-member funding | ||||||
13 | authorization committee. The Director shall designate one of | ||||||
14 | the members as chairperson. The committee shall meet on a | ||||||
15 | quarterly basis, at a minimum, and shall authorize expenditure | ||||||
16 | of moneys from the special fund by a two-thirds vote. | ||||||
17 | Decisions of the committee shall not take effect unless and | ||||||
18 | until approved by the Director of Veterans' Affairs. Each | ||||||
19 | member of the committee shall serve until a replacement is | ||||||
20 | named by the Director of Veterans' Affairs. One member of the | ||||||
21 | committee shall be a member of the Veterans' Advisory Council. | ||||||
22 | Moneys collected from the special instant scratch-off game | ||||||
23 | shall be used only as a supplemental financial resource and | ||||||
24 | shall not supplant existing moneys that the Department of | ||||||
25 | Veterans' Affairs may currently expend for the purposes set | ||||||
26 | forth in items (i) through (v).
|
| |||||||
| |||||||
1 | Moneys received for the purposes of this Section, | ||||||
2 | including, without limitation, net revenue from the special | ||||||
3 | instant scratch-off game and from gifts, grants, and awards | ||||||
4 | from any public or private entity, must be deposited into the | ||||||
5 | Fund. Any interest earned on moneys in the Fund must be | ||||||
6 | deposited into the Fund.
| ||||||
7 | For purposes of this subsection, "net revenue" means the | ||||||
8 | total amount for which tickets have been sold less the sum of | ||||||
9 | the amount paid out in the prizes and to retailers, and direct | ||||||
10 | and estimated the actual administrative expenses of the | ||||||
11 | Department solely related to the scratch-off game under this | ||||||
12 | Section.
| ||||||
13 | (c) During the time that tickets are sold for the Illinois | ||||||
14 | veterans scratch-off game, the Department shall not | ||||||
15 | unreasonably diminish the efforts devoted to marketing any | ||||||
16 | other instant scratch-off lottery game. | ||||||
17 | (d) The Department may adopt any rules necessary to | ||||||
18 | implement and administer the provisions of this Section.
| ||||||
19 | (Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
20 | (20 ILCS 1605/21.7) | ||||||
21 | Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off | ||||||
22 | game. | ||||||
23 | (a) The Department shall offer a special instant | ||||||
24 | scratch-off game for the benefit of research pertaining to | ||||||
25 | multiple sclerosis. The game shall commence on July 1, 2008 or |
| |||||||
| |||||||
1 | as soon thereafter, in the discretion of the Director, as is | ||||||
2 | reasonably practical. The operation of the game shall be | ||||||
3 | governed by this Act and any rules adopted by the Department. | ||||||
4 | If any provision of this Section is inconsistent with any | ||||||
5 | other provision of this Act, then this Section governs.
| ||||||
6 | (b) The Multiple Sclerosis Research Fund is created as a | ||||||
7 | special fund in the State treasury. The net revenue from the | ||||||
8 | scratch-out multiple sclerosis scratch-off game created under | ||||||
9 | this Section shall be deposited into the Fund for | ||||||
10 | appropriation by the General Assembly to the Department of | ||||||
11 | Public Health for the purpose of making grants to | ||||||
12 | organizations in Illinois that conduct research pertaining to | ||||||
13 | the repair and prevention of damage caused by an acquired | ||||||
14 | demyelinating disease of the central nervous system. | ||||||
15 | Moneys received for the purposes of this Section, | ||||||
16 | including, without limitation, net revenue from the special | ||||||
17 | instant scratch-off game and from gifts, grants, and awards | ||||||
18 | from any public or private entity, must be deposited into the | ||||||
19 | Fund. Any interest earned on moneys in the Fund must be | ||||||
20 | deposited into the Fund. | ||||||
21 | For purposes of this Section, the term "research" | ||||||
22 | includes,
without limitation, expenditures to develop and | ||||||
23 | advance the
understanding, techniques, and modalities | ||||||
24 | effective for
maintaining function, mobility, and strength | ||||||
25 | through preventive physical therapy or other treatments and to | ||||||
26 | develop
and advance the repair, and also the prevention, of |
| |||||||
| |||||||
1 | myelin, neuron, and axon damage
caused by an acquired | ||||||
2 | demyelinating disease of the central
nervous system and the | ||||||
3 | restoration of function, including but
not limited to, nervous | ||||||
4 | system repair or neuroregeneration. | ||||||
5 | The
grant funds may not be used for institutional, | ||||||
6 | organizational,
or community-based overhead costs, indirect | ||||||
7 | costs, or levies. | ||||||
8 | For purposes of this subsection, "net revenue" means the | ||||||
9 | total amount for which tickets have been sold less the sum of | ||||||
10 | the amount paid out in the prizes and to retailers, and direct | ||||||
11 | and estimated the actual administrative expenses of the | ||||||
12 | Department solely related to the scratch-off game under this | ||||||
13 | Section. | ||||||
14 | (c) During the time that tickets are sold for the | ||||||
15 | scratch-out multiple sclerosis scratch-off game, the | ||||||
16 | Department shall not unreasonably diminish the efforts devoted | ||||||
17 | to marketing any other instant scratch-off lottery game. | ||||||
18 | (d) The Department may adopt any rules necessary to | ||||||
19 | implement and administer the provisions of this Section.
| ||||||
20 | (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
| ||||||
21 | (20 ILCS 1605/21.8) | ||||||
22 | Sec. 21.8. Quality of Life scratch-off game. | ||||||
23 | (a) The Department shall offer a special instant | ||||||
24 | scratch-off game with the title of "Quality of Life". The game | ||||||
25 | shall commence on July 1, 2007 or as soon thereafter, in the |
| |||||||
| |||||||
1 | discretion of the Director, as is reasonably practical, and | ||||||
2 | shall be discontinued on December 31, 2025. The operation of | ||||||
3 | the game is governed by this Act and by any rules adopted by | ||||||
4 | the Department. The Department must consult with the Quality | ||||||
5 | of Life Board, which is established under Section 2310-348 of | ||||||
6 | the Department of Public Health Powers and Duties Law of the
| ||||||
7 | Civil Administrative Code of Illinois, regarding the design | ||||||
8 | and promotion of the game. If any provision of this Section is | ||||||
9 | inconsistent with any other provision of this Act, then this | ||||||
10 | Section governs. | ||||||
11 | (b) The Quality of Life Endowment Fund is created as a | ||||||
12 | special fund in the State treasury. The net revenue from the | ||||||
13 | Quality of Life special instant scratch-off game must be | ||||||
14 | deposited into the Fund for appropriation by the General | ||||||
15 | Assembly solely to the Department of Public Health for the | ||||||
16 | purpose of HIV/AIDS-prevention education and for making grants | ||||||
17 | to public or private entities in Illinois for the purpose of | ||||||
18 | funding organizations that serve the highest at-risk | ||||||
19 | categories for contracting HIV or developing AIDS. Grants | ||||||
20 | shall be targeted to serve at-risk populations in proportion | ||||||
21 | to the distribution of recent reported Illinois HIV/AIDS cases | ||||||
22 | among risk groups as reported by the Illinois Department of | ||||||
23 | Public Health. The recipient organizations must be engaged in | ||||||
24 | HIV/AIDS-prevention education and HIV/AIDS healthcare | ||||||
25 | treatment. The Department must, before grants are awarded, | ||||||
26 | provide copies of all grant applications to the Quality of |
| |||||||
| |||||||
1 | Life Board, receive and review the Board's recommendations and | ||||||
2 | comments, and consult with the Board regarding the grants. | ||||||
3 | Organizational size will determine an organization's | ||||||
4 | competitive slot in the "Request for Proposal" process. | ||||||
5 | Organizations with an annual budget of $300,000 or less will | ||||||
6 | compete with like size organizations for 50% of the Quality of | ||||||
7 | Life annual fund. Organizations with an annual budget of | ||||||
8 | $300,001 to $700,000 will compete with like organizations for | ||||||
9 | 25% of the Quality of Life annual fund, and organizations with | ||||||
10 | an annual budget of $700,001 and upward will compete with like | ||||||
11 | organizations for 25% of the Quality of Life annual fund. The | ||||||
12 | lottery may designate a percentage of proceeds for marketing | ||||||
13 | purposes purpose . The grant funds may not be used for | ||||||
14 | institutional, organizational, or community-based overhead | ||||||
15 | costs, indirect costs, or levies. | ||||||
16 | Grants awarded from the Fund are intended to augment the | ||||||
17 | current and future State funding for the prevention and | ||||||
18 | treatment of HIV/AIDS and are not intended to replace that | ||||||
19 | funding.
| ||||||
20 | Moneys received for the purposes of this Section, | ||||||
21 | including, without limitation, net revenue from the special | ||||||
22 | instant scratch-off game and gifts, grants, and awards from | ||||||
23 | any public or private entity, must be deposited into the Fund. | ||||||
24 | Any interest earned on moneys in the Fund must be deposited | ||||||
25 | into the Fund. | ||||||
26 | For purposes of this subsection, "net revenue" means the |
| |||||||
| |||||||
1 | total amount for which tickets have been sold less the sum of | ||||||
2 | the amount paid out in prizes and to retailers, and direct and | ||||||
3 | estimated the actual administrative expenses of the Department | ||||||
4 | solely related to the Quality of Life game. | ||||||
5 | (c) During the time that tickets are sold for the Quality | ||||||
6 | of Life game, the Department shall not unreasonably diminish | ||||||
7 | the efforts devoted to marketing any other instant scratch-off | ||||||
8 | lottery game. | ||||||
9 | (d) The Department may adopt any rules necessary to | ||||||
10 | implement and administer the provisions of this Section in | ||||||
11 | consultation with the Quality of Life Board.
| ||||||
12 | (Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16; | ||||||
13 | revised 12-2-21.)
| ||||||
14 | (20 ILCS 1605/21.9) | ||||||
15 | Sec. 21.9. Go For The Gold scratch-off game. | ||||||
16 | (a) The Department shall offer a special instant | ||||||
17 | scratch-off game with the title of "Go For The Gold". The game | ||||||
18 | must commence on July 1, 2014 or as soon thereafter, at the | ||||||
19 | discretion of the Director, as is reasonably practical. The | ||||||
20 | operation of the game is governed by this Act and by any rules | ||||||
21 | adopted by the Department. If any provision of this Section is | ||||||
22 | inconsistent with any other provision of this Act, then this | ||||||
23 | Section governs. | ||||||
24 | (b) The Special Olympics Illinois and Special Children's | ||||||
25 | Charities Fund is created as a special fund in the State |
| |||||||
| |||||||
1 | treasury. The net revenue from the Go For The Gold special | ||||||
2 | instant scratch-off game must be deposited into the Special | ||||||
3 | Olympics Illinois and Special Children's Charities Fund for | ||||||
4 | appropriation by the General Assembly solely to the Department | ||||||
5 | of Human Services, which must distribute the moneys as | ||||||
6 | follows: (i) 75% of the moneys to Special Olympics Illinois to | ||||||
7 | support the statewide training, competitions, and programs for | ||||||
8 | future Special Olympics athletes; and (ii) 25% of the moneys | ||||||
9 | to Special Children's Charities to support the City of | ||||||
10 | Chicago-wide training, competitions, and programs for future | ||||||
11 | Special Olympics athletes. The moneys may not be used for | ||||||
12 | institutional, organizational, or community-based overhead | ||||||
13 | costs, indirect costs, or levies. | ||||||
14 | Moneys received for the purposes of this Section, | ||||||
15 | including, without limitation, net revenue from the special | ||||||
16 | instant scratch-off game and gifts, grants, and awards from | ||||||
17 | any public or private entity, must be deposited into the | ||||||
18 | Special Olympics and Special Children's Charities Fund. Any | ||||||
19 | interest earned on moneys in the Special Olympics and Special | ||||||
20 | Children's Charities Fund must be deposited into the Special | ||||||
21 | Olympics and Special Children's Charities Fund. | ||||||
22 | For purposes of this subsection, "net revenue" means the | ||||||
23 | total amount for which tickets have been sold less the sum of | ||||||
24 | the amount paid out in prizes and to retailers, and direct and | ||||||
25 | estimated the actual administrative expenses of the Department | ||||||
26 | solely related to the Go For The Gold game. |
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1 | (c) During the time that tickets are sold for the Go For | ||||||
2 | The Gold game, the Department shall not unreasonably diminish | ||||||
3 | the efforts devoted to marketing any other instant scratch-off | ||||||
4 | lottery game. | ||||||
5 | (d) The Department may adopt any rules necessary to | ||||||
6 | implement and administer the provisions of this Section.
| ||||||
7 | (Source: P.A. 98-649, eff. 6-16-14.)
| ||||||
8 | (20 ILCS 1605/21.10) | ||||||
9 | Sec. 21.10. Scratch-off for State police memorials. | ||||||
10 | (a) The Department shall offer a special instant | ||||||
11 | scratch-off game for the benefit of State police memorials. | ||||||
12 | The game shall commence on January 1, 2019 or as soon | ||||||
13 | thereafter, at the discretion of the Director, as is | ||||||
14 | reasonably practical. The operation of the game shall be | ||||||
15 | governed by this Act and any rules adopted by the Department. | ||||||
16 | If any provision of this Section is inconsistent with any | ||||||
17 | other provision of this Act, then this Section governs. | ||||||
18 | (b) The net revenue from the State police memorials | ||||||
19 | scratch-off game shall be deposited into the Criminal Justice | ||||||
20 | Information Projects Fund and distributed equally, as soon as | ||||||
21 | practical but at least on a monthly basis, to the Chicago | ||||||
22 | Police Memorial Foundation Fund, the Police Memorial Committee | ||||||
23 | Fund, and the Illinois State Police Memorial Park Fund. Moneys | ||||||
24 | transferred to the funds under this Section shall be used, | ||||||
25 | subject to appropriation, to fund grants for building and |
| |||||||
| |||||||
1 | maintaining memorials and parks; holding annual memorial | ||||||
2 | commemorations; giving scholarships to children of officers | ||||||
3 | killed or catastrophically injured in the line of duty, or | ||||||
4 | those interested in pursuing a career in law enforcement; | ||||||
5 | providing financial assistance to police officers and their | ||||||
6 | families when a police officer is killed or injured in the line | ||||||
7 | of duty; and providing financial assistance to officers for | ||||||
8 | the purchase or replacement of bulletproof vests to be used in | ||||||
9 | the line of duty. | ||||||
10 | For purposes of this subsection, "net revenue" means the | ||||||
11 | total amount for which tickets have been sold less the sum of | ||||||
12 | the amount paid out in the prizes and to retailers, and direct | ||||||
13 | and estimated the actual administrative expenses of the | ||||||
14 | Department solely related to the scratch-off game under this | ||||||
15 | Section. | ||||||
16 | (c) During the time that tickets are sold for the State | ||||||
17 | police memorials scratch-off game, the Department shall not | ||||||
18 | unreasonably diminish the efforts devoted to marketing any | ||||||
19 | other instant scratch-off lottery game. | ||||||
20 | (d) The Department may adopt any rules necessary to | ||||||
21 | implement and administer the provisions of this Section.
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
23 | (20 ILCS 1605/21.11) | ||||||
24 | Sec. 21.11. Scratch-off for homelessness prevention | ||||||
25 | programs. |
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| |||||||
1 | (a) The Department shall offer a special instant | ||||||
2 | scratch-off game to fund homelessness prevention programs. The | ||||||
3 | game shall commence on July 1, 2019 or as soon thereafter, at | ||||||
4 | the discretion of the Director, as is reasonably practical. | ||||||
5 | The operation of the game shall be governed by this Act and any | ||||||
6 | rules adopted by the Department. If any provision of this | ||||||
7 | Section is inconsistent with any other provision of this Act, | ||||||
8 | then this Section governs. | ||||||
9 | (b) The Homelessness Prevention Revenue Fund is created as | ||||||
10 | a special fund in the State treasury. The net revenue from the | ||||||
11 | scratch-off game to fund homelessness prevention programs | ||||||
12 | shall be deposited into the Homelessness Prevention Revenue | ||||||
13 | Fund. Subject to appropriation, moneys in the Fund shall be | ||||||
14 | used by the Department of Human Services solely for grants to | ||||||
15 | homelessness prevention and assistance projects under the | ||||||
16 | Homelessness Prevention Act. | ||||||
17 | As used in this subsection, "net revenue" means the total | ||||||
18 | amount for which tickets have been sold less the sum of the | ||||||
19 | amount paid out in the prizes and to retailers, and direct and | ||||||
20 | estimated the actual administrative expenses of the Department | ||||||
21 | solely related to the scratch-off game under this Section. | ||||||
22 | (c) During the time that tickets are sold for the | ||||||
23 | scratch-off game to fund homelessness prevention programs, the | ||||||
24 | Department shall not unreasonably diminish the efforts devoted | ||||||
25 | to marketing any other instant scratch-off lottery game. | ||||||
26 | (d) The Department may adopt any rules necessary to |
| |||||||
| |||||||
1 | implement and administer the provisions of this Section. | ||||||
2 | (e) Nothing in this Section shall be construed to affect | ||||||
3 | any revenue that any Homelessness Prevention line item | ||||||
4 | receives through the General Revenue Fund or the Illinois | ||||||
5 | Affordable Housing Trust Fund.
| ||||||
6 | (Source: P.A. 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19.)
| ||||||
7 | (20 ILCS 1605/21.13) | ||||||
8 | Sec. 21.13. Scratch-off for Alzheimer's care, support, | ||||||
9 | education, and awareness. | ||||||
10 | (a) The Department shall offer a special instant | ||||||
11 | scratch-off game for the benefit of Alzheimer's care, support, | ||||||
12 | education, and awareness. The game shall commence on January | ||||||
13 | 1, 2020 or as soon thereafter, at the discretion of the | ||||||
14 | Director, as is reasonably practical, and shall be | ||||||
15 | discontinued on January 1, 2025. The operation of the game | ||||||
16 | shall be governed by this Act and any rules adopted by the | ||||||
17 | Department. If any provision of this Section is inconsistent | ||||||
18 | with any other provision of this Act, then this Section | ||||||
19 | governs. | ||||||
20 | (b) The net revenue from the Alzheimer's care, support, | ||||||
21 | education, and awareness scratch-off game shall be deposited | ||||||
22 | into the Alzheimer's Awareness Fund. | ||||||
23 | Moneys received for the purposes of this Section, | ||||||
24 | including, without limitation, net revenue from the special | ||||||
25 | instant scratch-off game and from gifts, grants, and awards |
| |||||||
| |||||||
1 | from any public or private entity, must be deposited into the | ||||||
2 | Fund. Any interest earned on moneys in the Fund must be | ||||||
3 | deposited into the Fund. | ||||||
4 | For the purposes of this subsection, "net revenue" means | ||||||
5 | the total amount for which tickets have been sold less the sum | ||||||
6 | of the amount paid out in the prizes and to retailers, and | ||||||
7 | direct and estimated the actual administrative expenses of the | ||||||
8 | Department solely related to the scratch-off game under this | ||||||
9 | Section. | ||||||
10 | (c) During the time that tickets are sold for the | ||||||
11 | Alzheimer's care, support, education, and awareness | ||||||
12 | scratch-off game, the Department shall not unreasonably | ||||||
13 | diminish the efforts devoted to marketing any other instant | ||||||
14 | scratch-off lottery game. | ||||||
15 | (d) The Department may adopt any rules necessary to | ||||||
16 | implement and administer the provisions of this Section.
| ||||||
17 | (Source: P.A. 101-561, eff. 8-23-19; 101-645, eff. 6-26-20; | ||||||
18 | 102-390, eff. 8-16-21.)
| ||||||
19 | (20 ILCS 1605/21.15 new) | ||||||
20 | Sec. 21.15. Scratch-off for United Negro College Fund. | ||||||
21 | (a) The Department shall offer a special instant | ||||||
22 | scratch-off game for the benefit of United Negro College Fund | ||||||
23 | in support of educational scholarships to university and | ||||||
24 | college students. The game shall commence on August 1, 2022 or | ||||||
25 | as soon thereafter, at the discretion of the Director, as is |
| |||||||
| |||||||
1 | reasonably practical and shall be discontinued on January 1, | ||||||
2 | 2028. The operation of the game shall be governed by this Act | ||||||
3 | and any rules adopted by the Department. The Department must | ||||||
4 | consult with the UNCF Scholarship Fund Advisory Board | ||||||
5 | regarding the design and promotion of the game. If any | ||||||
6 | provision of this Section is inconsistent with any other | ||||||
7 | provision of this Act, then this Section governs. | ||||||
8 | (b) The UNCF Scholarship Fund is created as a special fund | ||||||
9 | in the State treasury. The net revenue from the special | ||||||
10 | instant scratch-off game sold for the benefit of the United | ||||||
11 | Negro College Fund in support of education scholarships to | ||||||
12 | university and college students shall be deposited into the | ||||||
13 | Fund for appropriation by the General Assembly solely to the | ||||||
14 | State Board of Education for the purpose of funding UNCF | ||||||
15 | Scholarship awards to university and college students. The | ||||||
16 | State Board of Education must, before funding is released, | ||||||
17 | consult with the UNCF Scholarship Fund Advisory Board and | ||||||
18 | review its recommendations regarding the funding. Funding | ||||||
19 | shall be used solely for scholarship awards and not to cover | ||||||
20 | any administrative costs of the United Negro College Fund, | ||||||
21 | Inc., a 501(c)(3) nonprofit recipient organization. | ||||||
22 | Moneys received for the purposes of this Section, | ||||||
23 | including, without limitation, net revenue from the special | ||||||
24 | instant scratch-off game and from gifts, grants, and awards | ||||||
25 | from any public or private entity, must be deposited into the | ||||||
26 | Fund. Any interest earned on moneys in the Fund must be |
| |||||||
| |||||||
1 | deposited into the Fund. For the purposes of this subsection, | ||||||
2 | "net revenue" means the total amount for which tickets have | ||||||
3 | been sold less the sum of the amount paid out in the prizes and | ||||||
4 | to retailers and direct and estimated administrative expenses | ||||||
5 | of the
Department solely related to the scratch-off game under | ||||||
6 | this Section. | ||||||
7 | (c) During the time that tickets are sold for the special | ||||||
8 | instant scratch-off game that benefits the United Negro | ||||||
9 | College Fund in support of education scholarships to | ||||||
10 | university and college students, the Department shall not | ||||||
11 | unreasonably diminish the efforts devoted to marketing any | ||||||
12 | other instant scratch-off lottery game. | ||||||
13 | (d) The Department may adopt any rules necessary to | ||||||
14 | implement and administer the provisions of this Section. | ||||||
15 | (e) This Section is repealed January 1, 2028.
| ||||||
16 | (20 ILCS 1605/21.12 rep.) | ||||||
17 | Section 10. The Illinois Lottery Law is amended by | ||||||
18 | repealing Section 21.12.
| ||||||
19 | Section 15. The State Finance Act is amended by adding | ||||||
20 | Section 5.970 as follows:
| ||||||
21 | (30 ILCS 105/5.970 new) | ||||||
22 | Sec. 5.970. The UNCF Scholarship Fund.
|
| |||||||
| |||||||
1 | Section 20. The School Code is amended by adding Section | ||||||
2 | 3.119b as follows:
| ||||||
3 | (105 ILCS 5/3.119b new) | ||||||
4 | Sec. 3.119b. UNCF Scholarship Fund Advisory Board. | ||||||
5 | (a) The UNCF Scholarship Fund Advisory Board is created as | ||||||
6 | an advisory board within the State Board of Education. The | ||||||
7 | Board shall consist of the following members: 2 members | ||||||
8 | appointed by the President of the Senate; 2 members appointed | ||||||
9 | by the Minority Leader of the Senate; 2 members appointed by | ||||||
10 | the Speaker of the House of Representatives; 2 members | ||||||
11 | appointed by the Minority Leader of the House of | ||||||
12 | Representatives; and 2 members appointed by the Governor with | ||||||
13 | the advice and consent of the Senate, one of whom shall be | ||||||
14 | designated as Chair of the Board at the time of appointment. If | ||||||
15 | a vacancy occurs in the Board membership, the vacancy shall be | ||||||
16 | filled in the same manner as the initial appointment. | ||||||
17 | (b) Board members shall serve without compensation but may | ||||||
18 | be reimbursed for their reasonable travel expenses from funds | ||||||
19 | available for that purpose. | ||||||
20 | (c) The State Board of Education shall provide staff and | ||||||
21 | administrative support services to the Board. | ||||||
22 | (d) The State Board of Education may adopt all rules | ||||||
23 | necessary for the implementation and administration of the | ||||||
24 | UNCF Scholarship Fund Advisory Board. | ||||||
25 | (e) The Board must: (i) consult with the Department of the |
| |||||||
| |||||||
1 | Lottery in designing and promoting the special instant | ||||||
2 | scratch-off ticket to benefit the United Negro College Fund in | ||||||
3 | support of education scholarships to university and
college | ||||||
4 | students; and (ii) review and direct funds to the United Negro | ||||||
5 | College Fund, Inc., a 501(c)(3) nonprofit, and consult with | ||||||
6 | the State Board of Education in accordance with Section 21.15 | ||||||
7 | of the Illinois Lottery Law. | ||||||
8 | (f) The State Board of Education shall have the authority | ||||||
9 | to make expenditures from the UNCF Scholarship Fund as created | ||||||
10 | in the State treasury pursuant to appropriations made in | ||||||
11 | accordance with Section 21.15 of the Illinois Lottery Law. | ||||||
12 | Moneys deposited into the Fund shall also be in accordance | ||||||
13 | with Section 21.15 of the Illinois Lottery Law. | ||||||
14 | (g) This Section is repealed January 1, 2028.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|