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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Lottery Law is amended by changing | ||||||||||||||||||||||||||||||
5 | Sections 2, 9.1, and 20 and by adding Section 21.10 as follows:
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6 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
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7 | (Text of Section before amendment by P.A. 100-466 )
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8 | Sec. 2. This Act is enacted to implement and establish | ||||||||||||||||||||||||||||||
9 | within the State
a lottery to be conducted by the State through | ||||||||||||||||||||||||||||||
10 | the Department. The entire net proceeds of the Lottery
are to | ||||||||||||||||||||||||||||||
11 | be used for the support of the State's Common School Fund,
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12 | except as provided in subsection (o) of Section 9.1 and | ||||||||||||||||||||||||||||||
13 | Sections 21.5, 21.6, 21.7, 21.8, and 21.9 , and 21.10 . The | ||||||||||||||||||||||||||||||
14 | General Assembly finds that it is in the public interest for | ||||||||||||||||||||||||||||||
15 | the Department to conduct the functions of the Lottery with the | ||||||||||||||||||||||||||||||
16 | assistance of a private manager under a management agreement | ||||||||||||||||||||||||||||||
17 | overseen by the Department. The Department shall be accountable | ||||||||||||||||||||||||||||||
18 | to the General Assembly and the people of the State through a | ||||||||||||||||||||||||||||||
19 | comprehensive system of regulation, audits, reports, and | ||||||||||||||||||||||||||||||
20 | enduring operational oversight. The Department's ongoing | ||||||||||||||||||||||||||||||
21 | conduct of the Lottery through a management agreement with a | ||||||||||||||||||||||||||||||
22 | private manager shall act to promote and ensure the integrity, | ||||||||||||||||||||||||||||||
23 | security, honesty, and fairness of the Lottery's operation and |
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1 | administration. It is the intent of the General Assembly that | ||||||
2 | the Department shall conduct the Lottery with the assistance of | ||||||
3 | a private manager under a management agreement at all times in | ||||||
4 | a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), | ||||||
5 | 1953(b)(4).
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6 | (Source: P.A. 98-649, eff. 6-16-14; 99-933, eff. 1-27-17.)
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7 | (Text of Section after amendment by P.A. 100-466 ) | ||||||
8 | Sec. 2. This Act is enacted to implement and establish | ||||||
9 | within the State
a lottery to be conducted by the State through | ||||||
10 | the Department. The entire net proceeds of the Lottery
are to | ||||||
11 | be used for the support of the State's Common School Fund,
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12 | except as provided in subsection (o) of Section 9.1 and | ||||||
13 | Sections 21.5, 21.6, 21.7, 21.8, and 21.9 , and 21.10 . The | ||||||
14 | General Assembly finds that it is in the public interest for | ||||||
15 | the Department to conduct the functions of the Lottery with the | ||||||
16 | assistance of a private manager under a management agreement | ||||||
17 | overseen by the Department. The Department shall be accountable | ||||||
18 | to the General Assembly and the people of the State through a | ||||||
19 | comprehensive system of regulation, audits, reports, and | ||||||
20 | enduring operational oversight. The Department's ongoing | ||||||
21 | conduct of the Lottery through a management agreement with a | ||||||
22 | private manager shall act to promote and ensure the integrity, | ||||||
23 | security, honesty, and fairness of the Lottery's operation and | ||||||
24 | administration. It is the intent of the General Assembly that | ||||||
25 | the Department shall conduct the Lottery with the assistance of |
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1 | a private manager under a management agreement at all times in | ||||||
2 | a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), | ||||||
3 | 1953(b)(4).
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4 | Beginning with Fiscal Year 2018 and every year thereafter, | ||||||
5 | any moneys transferred from the State Lottery Fund to the | ||||||
6 | Common School Fund shall be supplemental to, and not in lieu | ||||||
7 | of, any other money due to be transferred to the Common School | ||||||
8 | Fund by law or appropriation. | ||||||
9 | (Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18.)
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10 | (20 ILCS 1605/9.1) | ||||||
11 | Sec. 9.1. Private manager and management agreement. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Offeror" means a person or group of persons that responds | ||||||
14 | to a request for qualifications under this Section. | ||||||
15 | "Request for qualifications" means all materials and | ||||||
16 | documents prepared by the Department to solicit the following | ||||||
17 | from offerors: | ||||||
18 | (1) Statements of qualifications. | ||||||
19 | (2) Proposals to enter into a management agreement, | ||||||
20 | including the identity of any prospective vendor or vendors | ||||||
21 | that the offeror intends to initially engage to assist the | ||||||
22 | offeror in performing its obligations under the management | ||||||
23 | agreement. | ||||||
24 | "Final offer" means the last proposal submitted by an | ||||||
25 | offeror in response to the request for qualifications, |
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1 | including the identity of any prospective vendor or vendors | ||||||
2 | that the offeror intends to initially engage to assist the | ||||||
3 | offeror in performing its obligations under the management | ||||||
4 | agreement. | ||||||
5 | "Final offeror" means the offeror ultimately selected by | ||||||
6 | the Governor to be the private manager for the Lottery under | ||||||
7 | subsection (h) of this Section. | ||||||
8 | (b) By September 15, 2010, the Governor shall select a | ||||||
9 | private manager for the total management of the Lottery with | ||||||
10 | integrated functions, such as lottery game design, supply of | ||||||
11 | goods and services, and advertising and as specified in this | ||||||
12 | Section. | ||||||
13 | (c) Pursuant to the terms of this subsection, the | ||||||
14 | Department shall endeavor to expeditiously terminate the | ||||||
15 | existing contracts in support of the Lottery in effect on the | ||||||
16 | effective date of this amendatory Act of the 96th General | ||||||
17 | Assembly in connection with the selection of the private | ||||||
18 | manager. As part of its obligation to terminate these contracts | ||||||
19 | and select the private manager, the Department shall establish | ||||||
20 | a mutually agreeable timetable to transfer the functions of | ||||||
21 | existing contractors to the private manager so that existing | ||||||
22 | Lottery operations are not materially diminished or impaired | ||||||
23 | during the transition. To that end, the Department shall do the | ||||||
24 | following: | ||||||
25 | (1) where such contracts contain a provision | ||||||
26 | authorizing termination upon notice, the Department shall |
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1 | provide notice of termination to occur upon the mutually | ||||||
2 | agreed timetable for transfer of functions; | ||||||
3 | (2) upon the expiration of any initial term or renewal | ||||||
4 | term of the current Lottery contracts, the Department shall | ||||||
5 | not renew such contract for a term extending beyond the | ||||||
6 | mutually agreed timetable for transfer of functions; or | ||||||
7 | (3) in the event any current contract provides for | ||||||
8 | termination of that contract upon the implementation of a | ||||||
9 | contract with the private manager, the Department shall | ||||||
10 | perform all necessary actions to terminate the contract on | ||||||
11 | the date that coincides with the mutually agreed timetable | ||||||
12 | for transfer of functions. | ||||||
13 | If the contracts to support the current operation of the | ||||||
14 | Lottery in effect on the effective date of this amendatory Act | ||||||
15 | of the 96th General Assembly are not subject to termination as | ||||||
16 | provided for in this subsection (c), then the Department may | ||||||
17 | include a provision in the contract with the private manager | ||||||
18 | specifying a mutually agreeable methodology for incorporation. | ||||||
19 | (c-5) The Department shall include provisions in the | ||||||
20 | management agreement whereby the private manager shall, for a | ||||||
21 | fee, and pursuant to a contract negotiated with the Department | ||||||
22 | (the "Employee Use Contract"), utilize the services of current | ||||||
23 | Department employees to assist in the administration and | ||||||
24 | operation of the Lottery. The Department shall be the employer | ||||||
25 | of all such bargaining unit employees assigned to perform such | ||||||
26 | work for the private manager, and such employees shall be State |
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1 | employees, as defined by the Personnel Code. Department | ||||||
2 | employees shall operate under the same employment policies, | ||||||
3 | rules, regulations, and procedures, as other employees of the | ||||||
4 | Department. In addition, neither historical representation | ||||||
5 | rights under the Illinois Public Labor Relations Act, nor | ||||||
6 | existing collective bargaining agreements, shall be disturbed | ||||||
7 | by the management agreement with the private manager for the | ||||||
8 | management of the Lottery. | ||||||
9 | (d) The management agreement with the private manager shall | ||||||
10 | include all of the following: | ||||||
11 | (1) A term not to exceed 10 years, including any | ||||||
12 | renewals. | ||||||
13 | (2) A provision specifying that the Department: | ||||||
14 | (A) shall exercise actual control over all | ||||||
15 | significant business decisions; | ||||||
16 | (A-5) has the authority to direct or countermand | ||||||
17 | operating decisions by the private manager at any time; | ||||||
18 | (B) has ready access at any time to information | ||||||
19 | regarding Lottery operations; | ||||||
20 | (C) has the right to demand and receive information | ||||||
21 | from the private manager concerning any aspect of the | ||||||
22 | Lottery operations at any time; and | ||||||
23 | (D) retains ownership of all trade names, | ||||||
24 | trademarks, and intellectual property associated with | ||||||
25 | the Lottery. | ||||||
26 | (3) A provision imposing an affirmative duty on the |
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1 | private manager to provide the Department with material | ||||||
2 | information and with any information the private manager | ||||||
3 | reasonably believes the Department would want to know to | ||||||
4 | enable the Department to conduct the Lottery. | ||||||
5 | (4) A provision requiring the private manager to | ||||||
6 | provide the Department with advance notice of any operating | ||||||
7 | decision that bears significantly on the public interest, | ||||||
8 | including, but not limited to, decisions on the kinds of | ||||||
9 | games to be offered to the public and decisions affecting | ||||||
10 | the relative risk and reward of the games being offered, so | ||||||
11 | the Department has a reasonable opportunity to evaluate and | ||||||
12 | countermand that decision. | ||||||
13 | (5) A provision providing for compensation of the | ||||||
14 | private manager that may consist of, among other things, a | ||||||
15 | fee for services and a performance based bonus as | ||||||
16 | consideration for managing the Lottery, including terms | ||||||
17 | that may provide the private manager with an increase in | ||||||
18 | compensation if Lottery revenues grow by a specified | ||||||
19 | percentage in a given year. | ||||||
20 | (6) (Blank). | ||||||
21 | (7) A provision requiring the deposit of all Lottery | ||||||
22 | proceeds to be deposited into the State Lottery Fund except | ||||||
23 | as otherwise provided in Section 20 of this Act. | ||||||
24 | (8) A provision requiring the private manager to locate | ||||||
25 | its principal office within the State. | ||||||
26 | (8-5) A provision encouraging that at least 20% of the |
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1 | cost of contracts entered into for goods and services by | ||||||
2 | the private manager in connection with its management of | ||||||
3 | the Lottery, other than contracts with sales agents or | ||||||
4 | technical advisors, be awarded to businesses that are a | ||||||
5 | minority-owned business, a women-owned business, or a | ||||||
6 | business owned by a person with disability, as those terms | ||||||
7 | are defined in the Business Enterprise for Minorities, | ||||||
8 | Women, and Persons with Disabilities Act. | ||||||
9 | (9) A requirement that so long as the private manager | ||||||
10 | complies with all the conditions of the agreement under the | ||||||
11 | oversight of the Department, the private manager shall have | ||||||
12 | the following duties and obligations with respect to the | ||||||
13 | management of the Lottery: | ||||||
14 | (A) The right to use equipment and other assets | ||||||
15 | used in the operation of the Lottery. | ||||||
16 | (B) The rights and obligations under contracts | ||||||
17 | with retailers and vendors. | ||||||
18 | (C) The implementation of a comprehensive security | ||||||
19 | program by the private manager. | ||||||
20 | (D) The implementation of a comprehensive system | ||||||
21 | of internal audits. | ||||||
22 | (E) The implementation of a program by the private | ||||||
23 | manager to curb compulsive gambling by persons playing | ||||||
24 | the Lottery. | ||||||
25 | (F) A system for determining (i) the type of | ||||||
26 | Lottery games, (ii) the method of selecting winning |
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1 | tickets, (iii) the manner of payment of prizes to | ||||||
2 | holders of winning tickets, (iv) the frequency of | ||||||
3 | drawings of winning tickets, (v) the method to be used | ||||||
4 | in selling tickets, (vi) a system for verifying the | ||||||
5 | validity of tickets claimed to be winning tickets, | ||||||
6 | (vii) the basis upon which retailer commissions are | ||||||
7 | established by the manager, and (viii) minimum | ||||||
8 | payouts. | ||||||
9 | (10) A requirement that advertising and promotion must | ||||||
10 | be consistent with Section 7.8a of this Act. | ||||||
11 | (11) A requirement that the private manager market the | ||||||
12 | Lottery to those residents who are new, infrequent, or | ||||||
13 | lapsed players of the Lottery, especially those who are | ||||||
14 | most likely to make regular purchases on the Internet as | ||||||
15 | permitted by law. | ||||||
16 | (12) A code of ethics for the private manager's | ||||||
17 | officers and employees. | ||||||
18 | (13) A requirement that the Department monitor and | ||||||
19 | oversee the private manager's practices and take action | ||||||
20 | that the Department considers appropriate to ensure that | ||||||
21 | the private manager is in compliance with the terms of the | ||||||
22 | management agreement, while allowing the manager, unless | ||||||
23 | specifically prohibited by law or the management | ||||||
24 | agreement, to negotiate and sign its own contracts with | ||||||
25 | vendors. | ||||||
26 | (14) A provision requiring the private manager to |
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1 | periodically file, at least on an annual basis, appropriate | ||||||
2 | financial statements in a form and manner acceptable to the | ||||||
3 | Department. | ||||||
4 | (15) Cash reserves requirements. | ||||||
5 | (16) Procedural requirements for obtaining the prior | ||||||
6 | approval of the Department when a management agreement or | ||||||
7 | an interest in a management agreement is sold, assigned, | ||||||
8 | transferred, or pledged as collateral to secure financing. | ||||||
9 | (17) Grounds for the termination of the management | ||||||
10 | agreement by the Department or the private manager. | ||||||
11 | (18) Procedures for amendment of the agreement. | ||||||
12 | (19) A provision requiring the private manager to | ||||||
13 | engage in an open and competitive bidding process for any | ||||||
14 | procurement having a cost in excess of $50,000 that is not | ||||||
15 | a part of the private manager's final offer. The process | ||||||
16 | shall favor the selection of a vendor deemed to have | ||||||
17 | submitted a proposal that provides the Lottery with the | ||||||
18 | best overall value. The process shall not be subject to the | ||||||
19 | provisions of the Illinois Procurement Code, unless | ||||||
20 | specifically required by the management agreement. | ||||||
21 | (20) The transition of rights and obligations, | ||||||
22 | including any associated equipment or other assets used in | ||||||
23 | the operation of the Lottery, from the manager to any | ||||||
24 | successor manager of the lottery, including the | ||||||
25 | Department, following the termination of or foreclosure | ||||||
26 | upon the management agreement. |
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1 | (21) Right of use of copyrights, trademarks, and | ||||||
2 | service marks held by the Department in the name of the | ||||||
3 | State. The agreement must provide that any use of them by | ||||||
4 | the manager shall only be for the purpose of fulfilling its | ||||||
5 | obligations under the management agreement during the term | ||||||
6 | of the agreement. | ||||||
7 | (22) The disclosure of any information requested by the | ||||||
8 | Department to enable it to comply with the reporting | ||||||
9 | requirements and information requests provided for under | ||||||
10 | subsection (p) of this Section. | ||||||
11 | (e) Notwithstanding any other law to the contrary, the | ||||||
12 | Department shall select a private manager through a competitive | ||||||
13 | request for qualifications process consistent with Section | ||||||
14 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
15 | account: | ||||||
16 | (1) the offeror's ability to market the Lottery to | ||||||
17 | those residents who are new, infrequent, or lapsed players | ||||||
18 | of the Lottery, especially those who are most likely to | ||||||
19 | make regular purchases on the Internet; | ||||||
20 | (2) the offeror's ability to address the State's | ||||||
21 | concern with the social effects of gambling on those who | ||||||
22 | can least afford to do so; | ||||||
23 | (3) the offeror's ability to provide the most | ||||||
24 | successful management of the Lottery for the benefit of the | ||||||
25 | people of the State based on current and past business | ||||||
26 | practices or plans of the offeror; and |
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1 | (4) the offeror's poor or inadequate past performance | ||||||
2 | in servicing, equipping, operating or managing a lottery on | ||||||
3 | behalf of Illinois, another State or foreign government and | ||||||
4 | attracting persons who are not currently regular players of | ||||||
5 | a lottery. | ||||||
6 | (f) The Department may retain the services of an advisor or | ||||||
7 | advisors with significant experience in financial services or | ||||||
8 | the management, operation, and procurement of goods, services, | ||||||
9 | and equipment for a government-run lottery to assist in the | ||||||
10 | preparation of the terms of the request for qualifications and | ||||||
11 | selection of the private manager. Any prospective advisor | ||||||
12 | seeking to provide services under this subsection (f) shall | ||||||
13 | disclose any material business or financial relationship | ||||||
14 | during the past 3 years with any potential offeror, or with a | ||||||
15 | contractor or subcontractor presently providing goods, | ||||||
16 | services, or equipment to the Department to support the | ||||||
17 | Lottery. The Department shall evaluate the material business or | ||||||
18 | financial relationship of each prospective advisor. The | ||||||
19 | Department shall not select any prospective advisor with a | ||||||
20 | substantial business or financial relationship that the | ||||||
21 | Department deems to impair the objectivity of the services to | ||||||
22 | be provided by the prospective advisor. During the course of | ||||||
23 | the advisor's engagement by the Department, and for a period of | ||||||
24 | one year thereafter, the advisor shall not enter into any | ||||||
25 | business or financial relationship with any offeror or any | ||||||
26 | vendor identified to assist an offeror in performing its |
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1 | obligations under the management agreement. Any advisor | ||||||
2 | retained by the Department shall be disqualified from being an | ||||||
3 | offeror.
The Department shall not include terms in the request | ||||||
4 | for qualifications that provide a material advantage whether | ||||||
5 | directly or indirectly to any potential offeror, or any | ||||||
6 | contractor or subcontractor presently providing goods, | ||||||
7 | services, or equipment to the Department to support the | ||||||
8 | Lottery, including terms contained in previous responses to | ||||||
9 | requests for proposals or qualifications submitted to | ||||||
10 | Illinois, another State or foreign government when those terms | ||||||
11 | are uniquely associated with a particular potential offeror, | ||||||
12 | contractor, or subcontractor. The request for proposals | ||||||
13 | offered by the Department on December 22, 2008 as | ||||||
14 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
15 | void. | ||||||
16 | (g) The Department shall select at least 2 offerors as | ||||||
17 | finalists to potentially serve as the private manager no later | ||||||
18 | than August 9, 2010. Upon making preliminary selections, the | ||||||
19 | Department shall schedule a public hearing on the finalists' | ||||||
20 | proposals and provide public notice of the hearing at least 7 | ||||||
21 | calendar days before the hearing. The notice must include all | ||||||
22 | of the following: | ||||||
23 | (1) The date, time, and place of the hearing. | ||||||
24 | (2) The subject matter of the hearing. | ||||||
25 | (3) A brief description of the management agreement to | ||||||
26 | be awarded. |
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1 | (4) The identity of the offerors that have been | ||||||
2 | selected as finalists to serve as the private manager. | ||||||
3 | (5) The address and telephone number of the Department. | ||||||
4 | (h) At the public hearing, the Department shall (i) provide | ||||||
5 | sufficient time for each finalist to present and explain its | ||||||
6 | proposal to the Department and the Governor or the Governor's | ||||||
7 | designee, including an opportunity to respond to questions | ||||||
8 | posed by the Department, Governor, or designee and (ii) allow | ||||||
9 | the public and non-selected offerors to comment on the | ||||||
10 | presentations. The Governor or a designee shall attend the | ||||||
11 | public hearing. After the public hearing, the Department shall | ||||||
12 | have 14 calendar days to recommend to the Governor whether a | ||||||
13 | management agreement should be entered into with a particular | ||||||
14 | finalist. After reviewing the Department's recommendation, the | ||||||
15 | Governor may accept or reject the Department's recommendation, | ||||||
16 | and shall select a final offeror as the private manager by | ||||||
17 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
18 | or before September 15, 2010. The Governor shall include in the | ||||||
19 | notice a detailed explanation and the reasons why the final | ||||||
20 | offeror is superior to other offerors and will provide | ||||||
21 | management services in a manner that best achieves the | ||||||
22 | objectives of this Section. The Governor shall also sign the | ||||||
23 | management agreement with the private manager. | ||||||
24 | (i) Any action to contest the private manager selected by | ||||||
25 | the Governor under this Section must be brought within 7 | ||||||
26 | calendar days after the publication of the notice of the |
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1 | designation of the private manager as provided in subsection | ||||||
2 | (h) of this Section. | ||||||
3 | (j) The Lottery shall remain, for so long as a private | ||||||
4 | manager manages the Lottery in accordance with provisions of | ||||||
5 | this Act, a Lottery conducted by the State, and the State shall | ||||||
6 | not be authorized to sell or transfer the Lottery to a third | ||||||
7 | party. | ||||||
8 | (k) Any tangible personal property used exclusively in | ||||||
9 | connection with the lottery that is owned by the Department and | ||||||
10 | leased to the private manager shall be owned by the Department | ||||||
11 | in the name of the State and shall be considered to be public | ||||||
12 | property devoted to an essential public and governmental | ||||||
13 | function. | ||||||
14 | (l) The Department may exercise any of its powers under | ||||||
15 | this Section or any other law as necessary or desirable for the | ||||||
16 | execution of the Department's powers under this Section. | ||||||
17 | (m) Neither this Section nor any management agreement | ||||||
18 | entered into under this Section prohibits the General Assembly | ||||||
19 | from authorizing forms of gambling that are not in direct | ||||||
20 | competition with the Lottery. | ||||||
21 | (n) The private manager shall be subject to a complete | ||||||
22 | investigation in the third, seventh, and tenth years of the | ||||||
23 | agreement (if the agreement is for a 10-year term) by the | ||||||
24 | Department in cooperation with the Auditor General to determine | ||||||
25 | whether the private manager has complied with this Section and | ||||||
26 | the management agreement. The private manager shall bear the |
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1 | cost of an investigation or reinvestigation of the private | ||||||
2 | manager under this subsection. | ||||||
3 | (o) The powers conferred by this Section are in addition | ||||||
4 | and supplemental to the powers conferred by any other law. If | ||||||
5 | any other law or rule is inconsistent with this Section, | ||||||
6 | including, but not limited to, provisions of the Illinois | ||||||
7 | Procurement Code, then this Section controls as to any | ||||||
8 | management agreement entered into under this Section. This | ||||||
9 | Section and any rules adopted under this Section contain full | ||||||
10 | and complete authority for a management agreement between the | ||||||
11 | Department and a private manager. No law, procedure, | ||||||
12 | proceeding, publication, notice, consent, approval, order, or | ||||||
13 | act by the Department or any other officer, Department, agency, | ||||||
14 | or instrumentality of the State or any political subdivision is | ||||||
15 | required for the Department to enter into a management | ||||||
16 | agreement under this Section. This Section contains full and | ||||||
17 | complete authority for the Department to approve any contracts | ||||||
18 | entered into by a private manager with a vendor providing | ||||||
19 | goods, services, or both goods and services to the private | ||||||
20 | manager under the terms of the management agreement, including | ||||||
21 | subcontractors of such vendors. | ||||||
22 | Upon receipt of a written request from the Chief | ||||||
23 | Procurement Officer, the Department shall provide to the Chief | ||||||
24 | Procurement Officer a complete and un-redacted copy of the | ||||||
25 | management agreement or any contract that is subject to the | ||||||
26 | Department's approval authority under this subsection (o). The |
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1 | Department shall provide a copy of the agreement or contract to | ||||||
2 | the Chief Procurement Officer in the time specified by the | ||||||
3 | Chief Procurement Officer in his or her written request, but no | ||||||
4 | later than 5 business days after the request is received by the | ||||||
5 | Department. The Chief Procurement Officer must retain any | ||||||
6 | portions of the management agreement or of any contract | ||||||
7 | designated by the Department as confidential, proprietary, or | ||||||
8 | trade secret information in complete confidence pursuant to | ||||||
9 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
10 | The Department shall also provide the Chief Procurement Officer | ||||||
11 | with reasonable advance written notice of any contract that is | ||||||
12 | pending Department approval. | ||||||
13 | Notwithstanding any other provision of this Section to the | ||||||
14 | contrary, the Chief Procurement Officer shall adopt | ||||||
15 | administrative rules, including emergency rules, to establish | ||||||
16 | a procurement process to select a successor private manager if | ||||||
17 | a private management agreement has been terminated. The | ||||||
18 | selection process shall at a minimum take into account the | ||||||
19 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
20 | of this Section and may include provisions consistent with | ||||||
21 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
22 | Procurement Officer shall also implement and administer the | ||||||
23 | adopted selection process upon the termination of a private | ||||||
24 | management agreement. The Department, after the Chief | ||||||
25 | Procurement Officer certifies that the procurement process has | ||||||
26 | been followed in accordance with the rules adopted under this |
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1 | subsection (o), shall select a final offeror as the private | ||||||
2 | manager and sign the management agreement with the private | ||||||
3 | manager. | ||||||
4 | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and | ||||||
5 | 21.9, and 21.10, the Department shall distribute all proceeds | ||||||
6 | of lottery tickets and shares sold in the following priority | ||||||
7 | and manner: | ||||||
8 | (1) The payment of prizes and retailer bonuses. | ||||||
9 | (2) The payment of costs incurred in the operation and | ||||||
10 | administration of the Lottery, including the payment of | ||||||
11 | sums due to the private manager under the management | ||||||
12 | agreement with the Department. | ||||||
13 | (3) On the last day of each month or as soon thereafter | ||||||
14 | as possible, the State Comptroller shall direct and the | ||||||
15 | State Treasurer shall transfer from the State Lottery Fund | ||||||
16 | to the Common School Fund an amount that is equal to the | ||||||
17 | proceeds transferred in the corresponding month of fiscal | ||||||
18 | year 2009, as adjusted for inflation, to the Common School | ||||||
19 | Fund. | ||||||
20 | (4) On or before the last day of each fiscal year, | ||||||
21 | deposit any remaining proceeds, subject to payments under | ||||||
22 | items (1), (2), and (3) into the Capital Projects Fund each | ||||||
23 | fiscal year. | ||||||
24 | (p) The Department shall be subject to the following | ||||||
25 | reporting and information request requirements: | ||||||
26 | (1) the Department shall submit written quarterly |
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1 | reports to the Governor and the General Assembly on the | ||||||
2 | activities and actions of the private manager selected | ||||||
3 | under this Section; | ||||||
4 | (2) upon request of the Chief Procurement Officer, the | ||||||
5 | Department shall promptly produce information related to | ||||||
6 | the procurement activities of the Department and the | ||||||
7 | private manager requested by the Chief Procurement | ||||||
8 | Officer; the Chief Procurement Officer must retain | ||||||
9 | confidential, proprietary, or trade secret information | ||||||
10 | designated by the Department in complete confidence | ||||||
11 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
12 | Information Act; and | ||||||
13 | (3) at least 30 days prior to the beginning of the | ||||||
14 | Department's fiscal year, the Department shall prepare an | ||||||
15 | annual written report on the activities of the private | ||||||
16 | manager selected under this Section and deliver that report | ||||||
17 | to the Governor and General Assembly. | ||||||
18 | (Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
| ||||||
19 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| ||||||
20 | Sec. 20. State Lottery Fund.
| ||||||
21 | (a) There is created in the State Treasury a special fund | ||||||
22 | to be
known as the "State Lottery Fund". Such fund shall | ||||||
23 | consist of all revenues
received from (1) the sale of lottery | ||||||
24 | tickets or shares, (net of
commissions, fees
representing those | ||||||
25 | expenses that are directly proportionate to the
sale of tickets |
| |||||||
| |||||||
1 | or shares at the agent location, and prizes of less
than
$600 | ||||||
2 | which
have been validly paid at the agent
level), (2) | ||||||
3 | application fees,
and (3) all other sources including moneys | ||||||
4 | credited or transferred thereto
from
any other fund
or source | ||||||
5 | pursuant to law. Interest earnings of the State Lottery Fund
| ||||||
6 | shall be credited to the Common School Fund.
| ||||||
7 | (b) The receipt and distribution of moneys under Section | ||||||
8 | 21.5 of this Act shall be in accordance with Section 21.5.
| ||||||
9 | (c) The receipt and distribution of moneys under Section | ||||||
10 | 21.6 of this Act shall be in accordance with Section 21.6. | ||||||
11 | (d) The receipt and distribution of moneys under Section | ||||||
12 | 21.7 of this Act shall be in accordance with Section 21.7.
| ||||||
13 | (e)
The receipt and distribution of moneys under Section | ||||||
14 | 21.8
of this Act shall be in accordance with Section 21.8.
| ||||||
15 | (f) The receipt and distribution of moneys under Section | ||||||
16 | 21.9 of this Act shall be in accordance with Section 21.9. | ||||||
17 | (g) The receipt and distribution of moneys under Section | ||||||
18 | 21.10 of this Act shall be in accordance with Section 21.10. | ||||||
19 | (Source: P.A. 98-649, eff. 6-16-14.)
| ||||||
20 | (20 ILCS 1605/21.10 new) | ||||||
21 | Sec. 21.10. Scratch-off for police memorials. | ||||||
22 | (a) The Department shall offer a special instant | ||||||
23 | scratch-off game for the benefit of police memorials. The game | ||||||
24 | shall commence on January 1, 2019 or as soon thereafter, at the | ||||||
25 | discretion of the Director, as is reasonably practical. The |
| |||||||
| |||||||
1 | operation of the game shall be governed by this Act and any | ||||||
2 | rules adopted by the Department. If any provision of this | ||||||
3 | Section is inconsistent with any other provision of this Act, | ||||||
4 | then this Section governs. | ||||||
5 | (b) The net revenue from the police memorials scratch-off | ||||||
6 | game shall be distributed equally, as soon as practical but at | ||||||
7 | least on a monthly basis, to the Chicago Police Memorial | ||||||
8 | Foundation Fund, the Police Memorial Committee Fund, and the | ||||||
9 | Illinois State Police Memorial Fund. Moneys transferred to the | ||||||
10 | funds under this Section shall be used, subject to | ||||||
11 | appropriation, to fund grants for building and maintaining | ||||||
12 | memorials and parks; holding annual memorial commemorations; | ||||||
13 | giving scholarships to children of officers killed or | ||||||
14 | catastrophically injured in the line of duty, or those | ||||||
15 | interested in pursuing a career in law enforcement; and | ||||||
16 | providing financial assistance to police officers and their | ||||||
17 | families when a police officer is killed or injured in the line | ||||||
18 | of duty. | ||||||
19 | Moneys collected from the police memorials special instant | ||||||
20 | scratch-off game shall be used only as a supplemental financial | ||||||
21 | resource and shall not supplant existing moneys that may be | ||||||
22 | appropriated under Section 9.1 of the Illinois Criminal Justice | ||||||
23 | Information Act. | ||||||
24 | For purposes of this subsection, "net revenue" means the | ||||||
25 | total amount for which tickets have been sold less the sum of | ||||||
26 | the amount paid out in the prizes and the actual administrative |
| |||||||
| |||||||
1 | expenses of the Department solely related to the scratch-off | ||||||
2 | game under this Section. | ||||||
3 | (c) During the time that tickets are sold for the police | ||||||
4 | memorials scratch-off game, the Department shall not | ||||||
5 | unreasonably diminish the efforts devoted to marketing any | ||||||
6 | other instant scratch-off lottery game. | ||||||
7 | (d) The Department may adopt any rules necessary to | ||||||
8 | implement and administer the provisions of this Section.
| ||||||
9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
10 | changes in a statute that is represented in this Act by text | ||||||
11 | that is not yet or no longer in effect (for example, a Section | ||||||
12 | represented by multiple versions), the use of that text does | ||||||
13 | not accelerate or delay the taking effect of (i) the changes | ||||||
14 | made by this Act or (ii) provisions derived from any other | ||||||
15 | Public Act.
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|