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Franks calls out administration over Lottery issues

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* Press release…

State Rep. Jack D. Franks, D-Marengo, is calling on the Illinois Lottery to suspend online ticket sales since its statutory authority to do so expired in March, and is urging Lottery officials not to make prepayments to be able to take part in multistate lottery games – like they did last June – because of the state’s ongoing budget impasse.

“I find it troubling that the Illinois Lottery continues to sell tickets online while they no longer have the authority to do so,” Franks said. “That’s why the Lottery must suspend these sales immediately unless the state legislature grants them to the ability to continue selling online permanently.”

Franks is concerned that Illinois residents are still able to buy lottery tickets online, despite the expiration of a pilot program in March that allowed the Illinois Lottery to sell these tickets legally. In addition, in light of a recent report by the Auditor General showing that the Illinois Lottery improperly prepaid $20 million in June of 2015 to take part in future multistate lottery games, like the Powerball and Mega Millions, Franks is calling on the Lottery to not make any future prepayments due to the lack of a state budget.

Franks is calling on the Attorney General or the Governor’s Office of the Executive Inspector General to investigate the Illinois Lottery in response to the audit’s findings and the issue of online lottery sales.

“Without a state budget the Illinois Lottery does not have the legal authority to make these prepayments for next fiscal year,” Franks added. “Like any government agency, the Lottery has an obligation to follow the law, be transparent and protect taxpayer dollars, and I want to sure that they are taking these responsibilities seriously.”

* The governor’s office responds…

Hi, Rich:

Representative Franks has gotten both the facts and the law wrong. The Lottery has the legal authority to continue its online subscription program and monetary transfers to the multi-state clearinghouse that administers the Powerball and Mega Millions Lottery games. Neither is affected by the General Assembly’s ongoing refusal to do its job. We encourage Representative Franks to return to work and pass the stopgap budget rather than sending inaccurate, misguided, politically motivated press releases.

Thanks,
ck

Franks is right about the prepayment issue.

* He’s also right that the online pilot project expired months ago. The Lottery, however, contends its new rules, which changed the definition of “subscription,” allow the program to continue. And the GOPs point out that the program is bringing in $30 million for the school fund.

But Franks brings up a possible problem with those new rules. What if two people win a multi-state lottery game - one from out of state and an online buyer from Illinois? The out of stater might be able to claim that s/he should take the whole jackpot because there is no statutory authority for the Illinoisan’s winning ticket. And if that person wins the case, could state fraud be alleged by the Illinois “loser”?

* The House Democrats, by the way, are holding off making the pilot project permanent because, some of them claim, they’re worried that the Lottery wants to essentially allow online “drawings” every couple of minutes or so - kinda like having a casino on your mobile phone or personal computer.

posted by Rich Miller
Wednesday, Jun 22, 16 @ 12:31 pm

Comments

  1. ===Neither is affected by the General Assembly’s ongoing refusal to do its job.===

    Hi, ck-

    Stick with emails that just catalog Madeupvilles. Your lack of grasping is… lacking.

    “Thanks!”,

    ow

    Comment by Oswego Willy Wednesday, Jun 22, 16 @ 12:33 pm

  2. Franks is swell.

    Franks will also vote with Rauner when it matters to his party and people, so…

    Rep. Franks,

    When your voting record reflects your pearl-clutching and hand-wringing (even when you’re right), it’s fun to watch you straddle your “Rep. Jack Franks-ness”

    Comment by Oswego Willy Wednesday, Jun 22, 16 @ 12:36 pm

  3. Hi Rich,

    Insert baldly inaccurate statement. Partisan attack against a GA member. Pass a budget even though our Governor’s proposals are also unbalance.

    Best,

    ck

    Comment by Stark Wednesday, Jun 22, 16 @ 12:45 pm

  4. Go away, Jack.

    Quicker, please.

    Comment by Formerly Known as Frenchie M Wednesday, Jun 22, 16 @ 12:46 pm

  5. With all the other hostages swirling down the drain, curious that this is where Franks makes his stand.

    Comment by Michael Westen Wednesday, Jun 22, 16 @ 12:54 pm

  6. Thanks, Rep. Franks–a noble fight against State revenue that doesn’t cost State taxpayers a dollar.

    Comment by Flying Illini Wednesday, Jun 22, 16 @ 12:55 pm

  7. I think it’s a bit over the top to suggest the Attorney General should investigate an audit finding regarding whether payment was made in the proper fiscal year.

    Comment by Demoralized Wednesday, Jun 22, 16 @ 12:56 pm

  8. Whatever it takes for Franks to see his name in print.

    Comment by Father Ted Wednesday, Jun 22, 16 @ 1:03 pm

  9. I would prefer that CK do her campaign type responses on her own time on her own equipment,and not as official responses from the Governors’ office. I would also prefer that she maintain an air of professionalism when responding to a legislators’ concerns.

    Comment by Thoughts Matter Wednesday, Jun 22, 16 @ 1:03 pm

  10. ===We encourage Representative Franks to return to work and pass the stopgap budget rather than sending inaccurate, misguided, politically motivated press releases.===

    Then call the special session you’ve decided not to call.

    Comment by LizPhairTax Wednesday, Jun 22, 16 @ 1:07 pm

  11. The Governor talks about all of the Democrats in the House who secretly support his agenda, and yet here he is, spitting in the eye of one of the very people whose help he so desperately needs.

    They’re doing it wrong.

    Comment by 47th Ward Wednesday, Jun 22, 16 @ 1:12 pm

  12. Ed Sullivan’s bill and the GA could have taken care of this, but the House never let it out of committee. Good on Rep Franks for trying to clear this up, though the lottery’s rules changes seem thorough.

    CK’s response sounds like the lottery’s statement in March =“Despite the General Assembly’s failure to take action on the bi-partisan Internet Pilot Program legislation, the Illinois Lottery will continue to operate online. At the request of the bill’s sponsor (Rep. Ed Sullivan, Jr.), the Lottery conducted a detailed review of relevant policies, rules, and laws and determined that continued Internet ticket sales are permissible under current law.”=

    Comment by Formerly Known As... Wednesday, Jun 22, 16 @ 1:14 pm

  13. - FKA -

    What about the bill on the Gov’s desk he refuses to sign?

    A head-scratcher.

    Comment by Oswego Willy Wednesday, Jun 22, 16 @ 1:18 pm

  14. Governor, if you really want the Dems to drive back to Springfield, call a special session. Problem solved.

    Comment by Mama Wednesday, Jun 22, 16 @ 1:28 pm

  15. A statute trumps a rule any day.

    When the law is clear that a pilot program has expired/sunset, there isn’t any rule that can undo that. It’s obvious that the Lottery is operating with no legal authority to do so.

    Additionally, the “rule” applies to “subscriptions” and permits a person to buy tickets for multiple drawings (don’t need to be online to do that). If a person goes online to purchase a ticket for a single drawing as opposed to multiple, that hardly constitutes a subscription.

    I’m waiting for a losing online bettor to sue the Lottery for his/her money back because they lacked the authority to sell the ticket in the first place.

    Comment by Jar Jar Wednesday, Jun 22, 16 @ 1:31 pm

  16. “The Lottery, however, contends its new rules, which changed the definition of “subscription,” allow the program to continue.”

    The Gov. 1.4% administration hates administrative rules, until it doesn’t.

    Comment by Nick Name Wednesday, Jun 22, 16 @ 1:38 pm

  17. Just calling a Special Session doesn’t mean Speaker Madigan will call any budget bills up for a vote. The Reps will get their per diem to play on their cell phones all day until the Speaker calls the bills.

    Comment by Anonymous Wednesday, Jun 22, 16 @ 1:40 pm

  18. =rather than sending inaccurate, misguided, politically motivated press releases=

    But that’s one of the top components of his business model. I cannot wait for his grandstanding to be limited to one county, but I’m sure his self-promotion will continue to find its way outside the county.

    Comment by Davos Seaworth Wednesday, Jun 22, 16 @ 2:01 pm

  19. I think Franks is making a good point. And, I don’t believe much of anything the spokesperson of a deceiver says.

    “The Lottery, however, contends its new rules, which changed the definition of “subscription,” allow the program to continue.”

    That’s rich; the old “manipulate the definition” to get your way.

    Makes you wonder what else they are redefining. Most likely every term found in a service contract has a new definition.

    These are some slippery folks. Makin’ America Great Again Baby!

    Guess Frank’s and the GA better get back to work rubber-stampin’ Rauner the Dictator’s bills.

    Comment by cdog Wednesday, Jun 22, 16 @ 2:01 pm

  20. –The Governor talks about all of the Democrats in the House who secretly support his agenda, and yet here he is, spitting in the eye of one of the very people whose help he so desperately needs.–

    LOL, seriously, if Rauner feels the need to tune up Franks, who are we to believe are his alleged secret admirers among the Dems? I would have thought he was the top prospect among the “unknowns.”

    Comment by wordslinger Wednesday, Jun 22, 16 @ 3:54 pm

  21. ==The Lottery, however, contends its new rules, which changed the definition of “subscription,” allow the program to continue.==

    The only definition of “subscription” in the lottery regs is in 11 IAC 1710.10:

    “‘Subscription’ means a program that allows a registered internet Lottery player to make advance purchases to be automatically entered to play certain Lottery games for every drawing for a pre-selected, specific period of time. A subscription may also be purchased from the Lottery by phone or by mail.”

    That regulation was last changed in 2012, when the internet pilot program as initiated, so I wouldn’t call it new. It could still allow you to purchase a subscription by phone or mail, despite the expiration of the authority for internet sales, but that’s it.

    Maybe if I tried reading it backwards it would support Lottery’s interpretation? More likely, it would contain a hidden clue that Paul McCartney really is dead.

    Comment by Whatever Wednesday, Jun 22, 16 @ 3:55 pm

  22. @ck
    I really hope you are reading this, unlike the majority of the ILGOP, Representative Franks is not bought and paid for by Rauner. I am so sorry that it upsets the governor when someone disagrees with him. I encourage governor Rauner to start doing his job like he was elected to do instead of him running inaccurate, misguided, politically motivated press releases and TV commercials to call people corrupt who disagree with him.

    Comment by Anonymous Wednesday, Jun 22, 16 @ 4:19 pm

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