ILCS » Chapter 20 · Act 1605
Illinois Compiled Statutes

20 ILCS 1605/10.3 (2026)

All proceeds from the sale of lottery tickets or shares received by a person in the capacity of a sales agent shall constitute a trust fund until paid to the Department either directly, or through the Department's authorized collection representative

✓ current as of May 2026
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(20 ILCS 1605/10.3) (from Ch. 120, par. 1160.3)
    Sec. 10.3. All proceeds from the sale of lottery tickets or shares received by a person in the capacity of a sales agent shall constitute a trust fund until paid to the Department either directly, or through the Department's authorized collection representative. Proceeds shall include unsold instant tickets received by a sales agent and cash proceeds of sale of any lottery products, net of allowable sales commissions and credit for lottery prizes paid to winners by sales agents. Sales proceeds and unsold instant tickets shall be delivered to the Department or its authorized collection representative upon demand. Sales agents shall be personally liable for all proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. In the case of a sales agent who is not an individual, personal liability shall attach to the owners and officers of the sales agent. The Department shall have a right to file a lien upon all real and personal property of any person who is personally liable under this Section for any unpaid proceeds, which were to be segregated as a trust fund under this Section, at any time after such payment was to have been made. Such lien shall include any interest and penalty provided for by this Act and shall be deemed equivalent to, and have the same effect as, the State tax lien under the Retailers' Occupation Tax Act. The term "person" as used in this Section, and in Section 10.4 of this Act, shall have the same meaning as provided in Section 10 of this Act. This Section, and Sections 10.4 and 10.5 of this Act shall apply with respect to all lottery tickets or shares generated by computer terminal, other electronic device, and any other tickets delivered to sales agents on and after September 1, 1987.
(Source: P.A. 86-905.)

    
Notes of Decisions
Cited in 2 cases, 1994–2012 · leading case: Cooper v. Dep't of Lottery, 640 N.E.2d 1299 (Ill. App. Ct. 1994).
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Cooper v. Dep't of Lottery, 640 N.E.2d 1299 (Ill. App. Ct. 1994). “" (20 ILCS 1605/10.3 (West 1992).) Since lottery agents perform state functions as fiduciaries the disclosure of their sales data is information in which they have at best an attenuated privacy interest as FOIA section 7(l)(b) states: "[T]he disclosure of information that bears…”
Quality Food Prods., Inc. v. Bolanos (In re Bolanos), 475 B.R. 641 (Bankr. N.D. Ill. 2012). “Thus, in order to result in nondischarge-ability, the relationship said by a statute to generate a trust must be one “in which one party to the relation is incapable of monitoring the other’s performance of his undertaking”; a statute cannot “deny a fresh start to .”
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