Full Text of SB4020 102nd General Assembly
SB4020ham002 102ND GENERAL ASSEMBLY | Rep. Lamont J. Robinson, Jr. Filed: 4/5/2022
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| 1 | | AMENDMENT TO SENATE BILL 4020
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 4020, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 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:
| 9 | | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| 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,
| 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).
| 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.)
| 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. |
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| 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 |
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| 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
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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; |
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| 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).
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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.".
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