(20 ILCS 1605/21) (from Ch. 120, par. 1171)
Sec. 21. All lottery sales agents or distributors shall be liable to the
Lottery for any and all tickets accepted or generated by any employee or
representative of that agent or distributor, and such tickets shall be deemed
to have been purchased by the agent or distributor unless returned to the
Lottery within the time and in the manner prescribed by the Director. All
moneys received by such agents or distributors from the sale of lottery tickets
or shares, less the amount retained as compensation for the sale of the tickets
or shares and the amount paid out as prizes, shall be paid over to a lottery
representative or deposited in a bank or savings and loan association approved
by the State Treasurer, as prescribed by the Director.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
Each payment or deposit shall be accompanied by a report of the agent's
receipts and transactions in the sale of lottery tickets in such form and
containing such information as the Director may require. Any
discrepancies in such receipts and transactions may be resolved as
provided by the rules and regulations of the Department.
If any money due the Lottery by a sales agent or distributor is not paid
when due or demanded, it shall immediately become delinquent and be billed
on a subsequent monthly statement. If on the closing date for any monthly
statement a delinquent amount previously billed of more than $50 remains
unpaid, interest in such amount shall be accrued at the rate of 2% per month
or fraction thereof from the date when such delinquent amount becomes past
due until such delinquent amount, including interest, penalty and other
costs and charges that the Department may incur in collecting such amounts, is
paid. In case any agent or distributor fails to pay any moneys due the Lottery
within 30 days after a second bill or statement is rendered to the agent or
distributor, such amount shall be deemed seriously delinquent and may be
referred by the Department to a collection agency or credit bureau for
collection. Any contract entered into by the Department for the collection of
seriously delinquent accounts with a collection agency or credit bureau may be
satisfied by a commercially reasonable percentage of the delinquent account
recouped, which shall be negotiated by the Department in accordance with
commercially accepted standards. Any costs incurred by the Department or
others authorized to act in its behalf in collecting such delinquencies may be
assessed against the agent or distributor and included as a part of the
delinquent account.
In case of failure of an agent or distributor to pay a seriously delinquent
amount, or any portion thereof, including interest, penalty and costs,
the Department may issue a Notice of Assessment. In determining amounts
shown on the Notice of Assessment, the Department shall utilize the
financial information available from its records. Such Notice of
Assessment shall be prima facie correct and shall be prima facie evidence
of delinquent sums due under this Section at any hearing before the Board,
or its Hearing Officers, or at any other legal proceeding. Reproduced copies of any of the Department's records relating to an account, including, but not limited to, notices of assessment, suspension, revocation, and personal liability and any other such notice prepared in the Department's ordinary course of business and books, records, or other documents offered in the name of the Department, under certificate of the Director or any officer or employee of the Department designated in writing by the Director shall, without further proof, be admitted into evidence in any hearing before the Board or its Hearing Officers or any legal proceeding and shall be prima facie proof of the information contained therein. The Attorney General may bring suit on
behalf of the Department to collect all such delinquent amounts, or any portion
thereof, including interest, penalty and costs, due the Lottery.
Any person who accepts money that is due to the Department from the
sale of lottery tickets under this Act, but who wilfully fails to remit
such payment to the Department when due or who purports to make such payment
but wilfully fails to do so because his check or other remittance fails to
clear the bank or savings and loan association against
which it is drawn, in
addition to the amount due and in addition to any other penalty provided by
law, shall be assessed, and shall pay, a penalty equal to 5% of the deficiency
plus any costs or charges incurred by the Department in collecting such amount.
The Director may make such arrangements for any person(s), banks, savings and
loan associations or distributors, to perform such functions, activities or
services in connection with the operation of the lottery as he deems advisable
pursuant to this Act, the State Comptroller Act, or the rules and regulations of the Department,
and such functions, activities or services shall constitute lawful functions,
activities and services of such person(s), banks, savings and loan associations
or distributors.
All income arising out of any activity or purpose of the Department
shall,
pursuant to the State Finance Act, be paid into the State Treasury except as otherwise provided by the
rules and regulations of the Department and shall be covered into a special
fund to be known as the State Lottery Fund. Banks and savings and loan
associations may be compensated for services rendered based upon the activity
and amount of funds on deposit.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
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