GAMING DEVICES/DISPARITY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3473

Introduced 2/18/2025, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Video Gaming Act. Provides that an applicant or licensee
under the Act is not in violation of the Act or specified rules and shall
not be subject to disciplinary action for operating a gaming device if
operation of the gaming device is in compliance with and not considered
gambling under the Criminal Code of 2012. Creates the Gaming Disparity
Task Force to conduct a disparity and availability study. Provides that
the Task Force shall compile, collect, or otherwise gather data necessary
for the determination of the impact on minorities within the video gaming
industry. Allows the Task Force to impose fees for the Task Force's
operation collected by the Illinois Gaming Board on terminal operations
that general more than $5,000,000, including for specified payments to a
minority business enterprise-owed terminal operator. Amends the Criminal
Code of 2012. Changes the definition of "gambling device" to include any
vending or other electronic machine or device, including, without
limitation, a machine or device that awards credits and contains a
circuit, meter, or switch capable of removing and recording the removal of
credits that is connected directly or indirectly to the Internet, either
by cellular modem, hard wire, or wireless connection, or to a set of
interconnected networked devices in order to participate in the game or
contest or to receive or retrieve any data related to the device unless the
connected device is a redemption vault and does not operate with a
self-contained fill system that permits the operation of the device solely
determined on a fee basis or the amount of revenue generated, but does not
include a system based on time, number of spins or spin equivalent, or
other nonrevenue based system, and automatically ceases to operate upon
the completion of a pre-determined cycle. Provides that participants in a
game of skill or chance where money or other things of value can be won but
no payment or purchase is required to participate shall not be convicted of
gambling except where participation in such game of skill or chance is
accomplished using a gambling device prohibited by law. Provides that a
gambling offense involving such a gambling device is a Class 4 felony.
Effective immediately.
LRB104 08744 LNS 18798 b

A BILL FOR

HB3473
LRB104 08744 LNS 18798 b
1

AN ACT concerning gaming.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Video Gaming Act is amended by changing
5
Section 35 and by adding Section 76 as follows:

6

(230 ILCS 40/35)
7

Sec. 35.
Display of license; confiscation; violation as
8
felony.

9

(a) Each video gaming terminal shall be licensed by the
10
Board before placement or operation on the premises of a
11
licensed establishment, licensed truck stop establishment,
12
licensed large truck stop establishment, licensed fraternal
13
establishment, or licensed veterans establishment. The license
14
of each video gaming terminal shall be maintained at the
15
location where the video gaming terminal is operated. Failure
16
to do so is a petty offense with a fine not to exceed $100. Any
17
licensed establishment, licensed truck stop establishment,
18
licensed large truck stop establishment, licensed fraternal
19
establishment, or licensed veterans establishment used for the
20
conduct of gambling games in violation of this Act shall be
21
considered a gambling place in violation of Section 28-3 of
22
the Criminal Code of 2012. Every gambling device found in a
23
licensed establishment, licensed truck stop establishment,

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licensed large truck stop establishment, licensed fraternal
2
establishment, or licensed veterans establishment operating
3
gambling games in violation of this Act shall be subject to
4
seizure, confiscation, and destruction as provided in Section
5
28-5 of the Criminal Code of 2012. Any license issued under the
6
Liquor Control Act of 1934 to any owner or operator of a
7
licensed establishment, licensed truck stop establishment,
8
licensed large truck stop establishment, licensed fraternal
9
establishment, or licensed veterans establishment that
10
operates or permits the operation of a video gaming terminal
11
within its establishment in violation of this Act shall be
12
immediately revoked. No person may own, operate, have in his
13
or her possession or custody or under his or her control, or
14
permit to be kept in any place under his or her possession or
15
control, any device that awards credits and contains a
16
circuit, meter, or switch capable of removing and recording
17
the removal of credits when the award of credits is dependent
18
upon chance.
19

Nothing in this Section shall be deemed to prohibit the
20
use of a game device only if the game device is used in an
21
activity that is not gambling under subsection (b) of Section
22
28-1 of the Criminal Code of 2012.
An applicant or licensee
23
under this Act is not in violation of this Act or any of the
24
Board rules under 11 Ill. Adm. Code 1800.420 and shall not be
25
subject to disciplinary action, delay of any Board
26
consideration, or denial of any license for operating a gaming

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1
device if operation of the gaming device is in compliance
2
with, and not considered gambling under, subsection (b) of
3
Section 28-1 or item (iii) of subsection (a) of Section 28-2 of
4
the Criminal Code of 2012.

5

A violation of this Section is a Class 4 felony. All
6
devices that are owned, operated, or possessed in violation of
7
this Section are hereby declared to be public nuisances and
8
shall be subject to seizure, confiscation, and destruction as
9
provided in Section 28-5 of the Criminal Code of 2012.
10

The provisions of this Section do not apply to devices or
11
electronic video game terminals licensed pursuant to this Act.
12
A video gaming terminal operated for amusement only and
13
bearing a valid amusement tax sticker shall not be subject to
14
this Section until 30 days after the Board establishes that
15
the central communications system is functional.
16

(b) (1) The odds of winning each video game shall be posted
17
on or near each video gaming terminal. The manner in which the
18
odds are calculated and how they are posted shall be
19
determined by the Board by rule.
20

(2) No video gaming terminal licensed under this Act may
21
be played except during the legal hours of operation allowed
22
for the consumption of alcoholic beverages at the licensed
23
establishment, licensed fraternal establishment, or licensed
24
veterans establishment. A licensed establishment, licensed
25
fraternal establishment, or licensed veterans establishment
26
that violates this subsection is subject to termination of its

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license by the Board.
2
(Source: P.A. 101-31, eff. 6-28-19.)

3

(230 ILCS 40/76 new)
4

Sec. 76.
Gaming Disparity Task Force.
5

(a) The Gaming Disparity Task Force is created. The
6
Governor shall appoint 5 members, including the Chair. The
7
Chair shall set the agenda and staff the Task Force and take
8
all other actions necessary to complete the mission of
9
identifying disparities in the video gambling industry.
10

(b) The Task Force may:
11

(1) maintain a staff;
12

(2) make recommendations for policy, statute, and rule
13

changes;
14

(3) collect data both in Illinois and outside Illinois
15

regarding the regulation of gaming and quasi-gaming,
16

including requiring terminal operators to submit detailed
17

information regarding ownership, revenues, and moneys
18

spent on goods and services and any other information
19

deemed necessary to identify disparities in gaming and
20

lack of minority business enterprise participation;
21

(4) compile or assist in the compilation of any
22

reports required by this Act;
23

(5) ensure the coordination of efforts between various
24

State agencies involved in regulating and taxing gaming or
25

quasi-gaming in Illinois; and

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(6) encourage, promote, suggest, and report best
2

practices for ensuring diversity in the gaming and
3

quasi-gaming industry in Illinois.
4

(c) Any funding required for the Task Force, its staff, or
5
its activities shall be drawn from a fee determined by the Task
6
Force and collected by the Board to be paid by terminal
7
operators that generate at least $5,000,000 of net terminal
8
income in any given month.
9

(d) The Task Force shall commission and publish an annual
10
disparity and availability study that: (1) evaluates whether
11
there exists discrimination in the State's gaming industry;
12
and (2) if so, evaluates the impact of such discrimination on
13
the State and includes recommendations to the Board for
14
reducing or eliminating any identified barriers to entry in
15
the video gaming market.
16

The Task Force may compile, collect, or otherwise gather
17
data necessary for the administration of this Section and to
18
carry out the Task Force's duty relating to the recommendation
19
of policy changes.
20

(e) The Task Force shall hold public meetings and issue
21
subpoenas, if necessary, for testimony.
22

(f) The Task Force shall submit a copy of the annual study
23
to the General Assembly no later than February 1 of each year
24
in the manner provided for reports to the General Assembly
25
under Section 3.1 of the General Assembly Organization Act.
26

(g) From any fees collected under subsection (c), the Task

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Force shall set aside payment to a minority business
2
enterprise-owned terminal operator as provided in this
3
subsection. The Task Force shall direct the Board to approve a
4
minority business enterprise-owned terminal operator to
5
receive the payment as a licensee or person of significant
6
control. Payment to the minority business enterprise shall
7
commence upon the filing of forms with the Board as designated
8
by the Board. The Task Force shall calculate the percentage of
9
the fees collected under subsection (c) that shall be set
10
aside to pay to the minority business enterprise-owned
11
terminal operation by calculating the percentage of Illinois'
12
population of the minority group or minority groups of which
13
the minority person or persons who own the terminal operation
14
are part. As used in this subsection, "minority person" has
15
the meaning given to that term in Section 8.12 of the Business
16
Corporation Act of 1983.
17

(h) The Task Force shall establish a process for the
18
sunset of devices exempted under paragraph (13) of subsection
19
(b) of Section 28-1 of the Criminal Code of 2012 and Section 35
20
of this Act. The Task Force shall consider such factors deemed
21
reasonably necessary to rectify disparities in gaming when
22
developing the sunset process. The Task Force shall include,
23
at a minimum, in the sunset process: the authorization of
24
video gambling in any municipality with a population more than
25
2,000,000 people; the opportunity for all statutorily eligible
26
establishments in any municipality with a population more than

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2,000,000 people to apply for a video gaming license;
2
consideration and determination by the Board of all
3
statutorily eligible establishments in any municipality with a
4
population more than 2,000,000 people that applied for a video
5
gaming license and any denied applicant had an opportunity to
6
exhaust all administrative and judicial remedies; all eligible
7
and licensed minority establishments in any municipality with
8
a population more than 2,000,000 people has been authorized to
9
commence gambling by the Board; and, following an audit by an
10
independent auditor selected by the Task Force pursuant to the
11
request for proposals process, issuance of a report by the
12
auditor documenting that there is a majority of licensed
13
establishments operated by a minority business enterprise
14
terminal operator in any municipality with a population more
15
than 2,000,000 people.

16

Section 10.
The Criminal Code of 2012 is amended by
17
changing Sections 28-1 and 28-2 as follows:

18

(720 ILCS 5/28-1)

(from Ch. 38, par. 28-1)
19

Sec. 28-1.
Gambling.
20

(a) A person commits gambling when he or she:
21

(1) knowingly plays a game of chance or skill for
22

money or other thing of value, unless excepted in
23

subsection (b) of this Section;
24

(2) knowingly makes a wager upon the result of any

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game, contest, or any political nomination, appointment or
2

election;
3

(3) knowingly operates, keeps, owns, uses, purchases,
4

exhibits, rents, sells, bargains for the sale or lease of,
5

manufactures or distributes any gambling device;
6

(4) contracts to have or give himself or herself or
7

another the option to buy or sell, or contracts to buy or
8

sell, at a future time, any grain or other commodity
9

whatsoever, or any stock or security of any company, where
10

it is at the time of making such contract intended by both
11

parties thereto that the contract to buy or sell, or the
12

option, whenever exercised, or the contract resulting
13

therefrom, shall be settled, not by the receipt or
14

delivery of such property, but by the payment only of
15

differences in prices thereof; however, the issuance,
16

purchase, sale, exercise, endorsement or guarantee, by or
17

through a person registered with the Secretary of State
18

pursuant to Section 8 of the Illinois Securities Law of
19

1953, or by or through a person exempt from such
20

registration under said Section 8, of a put, call, or
21

other option to buy or sell securities which have been
22

registered with the Secretary of State or which are exempt
23

from such registration under Section 3 of the Illinois
24

Securities Law of 1953 is not gambling within the meaning
25

of this paragraph (4);
26

(5) knowingly owns or possesses any book, instrument

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or apparatus by means of which bets or wagers have been, or
2

are, recorded or registered, or knowingly possesses any
3

money which he has received in the course of a bet or
4

wager;
5

(6) knowingly sells pools upon the result of any game
6

or contest of skill or chance, political nomination,
7

appointment or election;
8

(7) knowingly sets up or promotes any lottery or
9

sells, offers to sell or transfers any ticket or share for
10

any lottery;
11

(8) knowingly sets up or promotes any policy game or
12

sells, offers to sell or knowingly possesses or transfers
13

any policy ticket, slip, record, document or other similar
14

device;
15

(9) knowingly drafts, prints or publishes any lottery
16

ticket or share, or any policy ticket, slip, record,
17

document or similar device, except for such activity
18

related to lotteries, bingo games and raffles authorized
19

by and conducted in accordance with the laws of Illinois
20

or any other state or foreign government;
21

(10) knowingly advertises any lottery or policy game,
22

except for such activity related to lotteries, bingo games
23

and raffles authorized by and conducted in accordance with
24

the laws of Illinois or any other state;
25

(11) knowingly transmits information as to wagers,
26

betting odds, or changes in betting odds by telephone,

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telegraph, radio, semaphore or similar means; or knowingly
2

installs or maintains equipment for the transmission or
3

receipt of such information; except that nothing in this
4

subdivision (11) prohibits transmission or receipt of such
5

information for use in news reporting of sporting events
6

or contests; or
7

(12) knowingly establishes, maintains, or operates an
8

Internet site that permits a person to play a game of
9

chance or skill for money or other thing of value by means
10

of the Internet or to make a wager upon the result of any
11

game, contest, political nomination, appointment, or
12

election by means of the Internet. This item (12) does not
13

apply to activities referenced in items (6), (6.1), (8),
14

(8.1), and (15) of subsection (b) of this Section.
15

(b) Participants in any of the following activities shall
16
not be convicted of gambling:
17

(1) Agreements to compensate for loss caused by the
18

happening of chance including without limitation contracts
19

of indemnity or guaranty and life or health or accident
20

insurance.
21

(2) Offers of prizes, award or compensation to the
22

actual contestants in any bona fide contest for the
23

determination of skill, speed, strength or endurance or to
24

the owners of animals or vehicles entered in such contest.
25

(3) Pari-mutuel betting as authorized by the law of
26

this State.

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(4) Manufacture of gambling devices, including the
2

acquisition of essential parts therefor and the assembly
3

thereof, for transportation in interstate or foreign
4

commerce to any place outside this State when such
5

transportation is not prohibited by any applicable Federal
6

law; or the manufacture, distribution, or possession of
7

video gaming terminals, as defined in the Video Gaming
8

Act, by manufacturers, distributors, and terminal
9

operators licensed to do so under the Video Gaming Act.
10

(5) The game commonly known as "bingo", when conducted
11

in accordance with the Bingo License and Tax Act.
12

(6) Lotteries when conducted by the State of Illinois
13

in accordance with the Illinois Lottery Law. This
14

exemption includes any activity conducted by the
15

Department of Revenue to sell lottery tickets pursuant to
16

the provisions of the Illinois Lottery Law and its rules.
17

(6.1) The purchase of lottery tickets through the
18

Internet for a lottery conducted by the State of Illinois
19

under the program established in Section 7.12 of the
20

Illinois Lottery Law.
21

(7) Possession of an antique slot machine that is
22

neither used nor intended to be used in the operation or
23

promotion of any unlawful gambling activity or enterprise.
24

For the purpose of this subparagraph (b)(7), an antique
25

slot machine is one manufactured 25 years ago or earlier.
26

(8) Raffles and poker runs when conducted in

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accordance with the Raffles and Poker Runs Act.
2

(8.1) The purchase of raffle chances for a raffle
3

conducted in accordance with the Raffles and Poker Runs
4

Act.
5

(9) Charitable games when conducted in accordance with
6

the Charitable Games Act.
7

(10) Pull tabs and jar games when conducted under the
8

Illinois Pull Tabs and Jar Games Act.
9

(11) Gambling games when authorized by the Illinois
10

Gambling Act.
11

(12) Video gaming terminal games at a licensed
12

establishment, licensed truck stop establishment, licensed
13

large truck stop establishment, licensed fraternal
14

establishment, or licensed veterans establishment when
15

conducted in accordance with the Video Gaming Act.
16

(13) Games of skill or chance where money or other
17

things of value can be won but no payment or purchase is
18

required to participate
, except where participation in
19

such game of skill or chance is accomplished using a
20

gambling device prohibited by item (a)(iii) of Section
21

28-2
.
22

(14) Savings promotion raffles authorized under
23

Section 5g of the Illinois Banking Act, Section 7008 of
24

the Savings Bank Act, Section 42.7 of the Illinois Credit
25

Union Act, Section 5136B of the National Bank Act (12
26

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12

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1

U.S.C. 1463).
2

(15) Sports wagering when conducted in accordance with
3

the Sports Wagering Act.
4

(c) Sentence.
5

(1)
Gambling is a Class A misdemeanor. A second or
6

subsequent conviction under subsections (a)(3) through
7

(a)(12), is a Class 4 felony.
8

(2) Notwithstanding subsection (c)(1), or anything
9

else contained in this Section to the contrary, a gambling
10

offense involving a device described in item (a)(iii)
11

Section 28-2 is a Class 4 felony.

12

(d) Circumstantial evidence.
13

In prosecutions under this Section circumstantial evidence
14
shall have the same validity and weight as in any criminal
15
prosecution.
16
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
17
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
18
101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

19

(720 ILCS 5/28-2)

(from Ch. 38, par. 28-2)
20

Sec. 28-2.
Definitions.
21

(a) A "gambling device" is
(i)
any clock, tape machine,
22
slot machine or other machines or device for the reception of
23
money or other thing of value on chance or skill or upon the
24
action of which money or other thing of value is staked,
25
hazarded, bet, won, or lost;
(ii)

or
any mechanism, furniture,

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fixture, equipment, or other device designed primarily for use
2
in a gambling place
; or (iii) any vending or other electronic
3
machine or device, including, without limitation, a machine or
4
device that awards credits and contains a circuit, meter, or
5
switch capable of removing and recording the removal of
6
credits or that is connected directly or indirectly to the
7
Internet, either by cellular modem, hard wire, or wireless
8
connection, or to a set of interconnected networked devices in
9
order to participate in the game or contest or to receive or
10
retrieve any data related to the device unless the connected
11
device is a redemption vault; or does not operate with a
12
self-contained fill system that permits the operation of the
13
device solely determined on a fee basis or the amount of
14
revenue generated but does not include a system based on time,
15
number of spins or spin equivalent or other nonrevenue based
16
system, and automatically ceases to operate upon the
17
completion of a pre-determined cycle
. A "gambling device" does
18
not include:
19

(1) A coin-in-the-slot operated mechanical device
20

played for amusement which rewards the player with the
21

right to replay such mechanical device, which device is so
22

constructed or devised as to make such result of the
23

operation thereof depend in part upon the skill of the
24

player and which returns to the player thereof no money,
25

property, or right to receive money or property.
26

(2)
Except as otherwise provided in this subsection, a

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vending machine

Vending machines
by which full and
2

adequate return is made for the money invested and in
3

which there is no element of chance or hazard.
4

(3) A crane game. For the purposes of this paragraph
5

(3), a "crane game" is an amusement device involving
6

skill, if it rewards the player exclusively with
7

merchandise contained within the amusement device proper
8

and limited to toys, novelties, and prizes other than
9

currency, each having a wholesale value which is not more
10

than $25.
11

(4) A redemption machine. For the purposes of this
12

paragraph (4), a "redemption machine" is a single-player
13

or multi-player amusement device involving a game, the
14

object of which is throwing, rolling, bowling, shooting,
15

placing, or propelling a ball or other object that is
16

either physical or computer generated on a display or with
17

lights into, upon, or against a hole or other target that
18

is either physical or computer generated on a display or
19

with lights, or stopping, by physical, mechanical, or
20

electronic means, a moving object that is either physical
21

or computer generated on a display or with lights into,
22

upon, or against a hole or other target that is either
23

physical or computer generated on a display or with
24

lights, provided that all of the following conditions are
25

met:
26

(A) The outcome of the game is predominantly

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1

determined by the skill of the player.
2

(B) The award of the prize is based solely upon the
3

player's achieving the object of the game or otherwise
4

upon the player's score.
5

(C) Only merchandise prizes are awarded.
6

(D) The wholesale value of prizes awarded in lieu
7

of tickets or tokens for single play of the device does
8

not exceed $25.
9

(E) The redemption value of tickets, tokens, and
10

other representations of value, which may be
11

accumulated by players to redeem prizes of greater
12

value, for a single play of the device does not exceed
13

$25.
14

(5) Video gaming terminals at a licensed
15

establishment, licensed truck stop establishment, licensed
16

large truck stop establishment, licensed fraternal
17

establishment, or licensed veterans establishment licensed
18

in accordance with the Video Gaming Act.
19

(a-5) "Internet" means an interactive computer service or
20
system or an information service, system, or access software
21
provider that provides or enables computer access by multiple
22
users to a computer server, and includes, but is not limited
23
to, an information service, system, or access software
24
provider that provides access to a network system commonly
25
known as the Internet, or any comparable system or service and
26
also includes, but is not limited to, a World Wide Web page,

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newsgroup, message board, mailing list, or chat area on any
2
interactive computer service or system or other online
3
service.
4

(a-6) "Access" has the meaning ascribed to the term in
5
Section 17-55.
6

(a-7) "Computer" has the meaning ascribed to the term in
7
Section 17-0.5.
8

(b) A "lottery" is any scheme or procedure whereby one or
9
more prizes are distributed by chance among persons who have
10
paid or promised consideration for a chance to win such
11
prizes, whether such scheme or procedure is called a lottery,
12
raffle, gift, sale, or some other name, excluding savings
13
promotion raffles authorized under Section 5g of the Illinois
14
Banking Act, Section 7008 of the Savings Bank Act, Section
15
42.7 of the Illinois Credit Union Act, Section 5136B of the
16
National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
17
Owners' Loan Act (12 U.S.C. 1463).
18

(c) A "policy game" is any scheme or procedure whereby a
19
person promises or guarantees by any instrument, bill,
20
certificate, writing, token, or other device that any
21
particular number, character, ticket, or certificate shall in
22
the event of any contingency in the nature of a lottery entitle
23
the purchaser or holder to receive money, property, or
24
evidence of debt.
25
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
26
102-558, eff. 8-20-21.)

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Section 99.
Effective date.
This Act takes effect upon
2
becoming law.

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INDEX

2

Statutes amended in order of appearance

3

230 ILCS 40/35
4

230 ILCS 40/76 new
5

720 ILCS 5/28-1
from Ch. 38, par. 28-1
6

720 ILCS 5/28-2
from Ch. 38, par. 28-2

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