VIDEO GAMING-VARIOUS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5139

Introduced 2/10/2026, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

230 ILCS 40/35
230 ILCS 40/60
230 ILCS 40/27 rep.
720 ILCS 5/28-1

from Ch. 38, par. 28-1
720 ILCS 5/28-2

from Ch. 38, par. 28-2

Amends the Video Gaming Act. Provides that an applicant or licensee is
not in violation of the Act or certain Illinois Gaming Board rules and
shall not be subject to disciplinary action, delay of any Board
consideration, or denial of any license 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. Removes language providing that
nothing shall be deemed to prohibit the use of a game device only if the
game device is used in an activity that is not gambling under the Criminal
Code of 2012. Provides that of the tax collected on net terminal income,
80.84% (rather than 83.7%) shall be deposited into the Capital Projects
Fund and 17.16% (rather than 14.3%) shall be deposited into the Local
Government Video Gaming Distributive Fund. Repeals a provision regarding
the prohibition of video gaming by political subdivisions. Amends the
Criminal Code of 2012. Provides that a gambling offense involving a
vending or other electronic machine or device, is a Class 4 felony. Makes
other and conforming changes.
LRB104 17388 LNS 30813 b

A BILL FOR

HB5139
LRB104 17388 LNS 30813 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
Sections 35 and 60 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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LRB104 17388 LNS 30813 b
1
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

An applicant or licensee under this Act is not in
20
violation of this Act or any of the Board rules under 11 Ill.
21
Adm. Code 1800.420 and shall not be subject to disciplinary
22
action, delay of any Board consideration, or denial of any
23
license for operating a gaming device if operation of the
24
gaming device is in compliance with, and not considered
25
gambling under, subsection (b) of Section 28-1 or item (iii)
26
of subsection (a) of Section 28-2 of the Criminal Code of 2012.

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LRB104 17388 LNS 30813 b
1
Nothing in this Section shall be deemed to prohibit the use of
2
a game device only if the game device is used in an activity
3
that is not gambling under subsection (b) of Section 28-1 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

HB5139
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LRB104 17388 LNS 30813 b
1
license by the Board.
2
(Source: P.A. 101-31, eff. 6-28-19.)

3

(230 ILCS 40/60)
4

Sec. 60.
Imposition and distribution of tax.
5

(a) Through June 30, 2025, a tax of 30% is imposed on net
6
terminal income and shall be collected by the Board.
7

Of the tax collected under this subsection (a),
8
five-sixths shall be deposited into the Capital Projects Fund
9
and one-sixth shall be deposited into the Local Government
10
Video Gaming Distributive Fund.
11

(b) Beginning on July 1, 2019 and through June 30, 2025, an
12
additional tax of 3% is imposed on net terminal income and
13
shall be collected by the Board.
14

Beginning on July 1, 2020 and through June 30, 2025, an
15
additional tax of 1% is imposed on net terminal income and
16
shall be collected by the Board.
17

Beginning on July 1, 2024 and through June 30, 2025, an
18
additional tax of 1% is imposed on net terminal income and
19
shall be collected by the Board.
20

The tax collected under this subsection (b) shall be
21
deposited into the Capital Projects Fund.
22

(b-5) Beginning on July 1, 2025, a tax of 35% is imposed on
23
net terminal income and shall be collected by the Board.
24

Until December 31, 2026, of

Of
the tax collected under
25
this subsection (b-5), 83.7% shall be deposited into the

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LRB104 17388 LNS 30813 b
1
Capital Projects Fund, 14.3% shall be deposited into the Local
2
Government Video Gaming Distributive Fund, and 2% shall be
3
deposited into the State Gaming Fund.
Beginning on January 1,
4
2027, of the tax collected under this subsection (b-5), 80.84%
5
shall be deposited into the Capital Projects Fund, 17.16%
6
shall be deposited into the Local Government Video Gaming
7
Distributive Fund, and 2% shall be deposited into the State
8
Gaming Fund.

9

(c) Revenues generated from the play of video gaming
10
terminals shall be deposited by the terminal operator, who is
11
responsible for tax payments, in a specially created, separate
12
bank account maintained by the video gaming terminal operator
13
to allow for electronic fund transfers of moneys for tax
14
payment.
15

(d) Each licensed establishment, licensed truck stop
16
establishment, licensed large truck stop establishment,
17
licensed fraternal establishment, and licensed veterans
18
establishment shall maintain an adequate video gaming fund,
19
with the amount to be determined by the Board.
20

(e) The State's percentage of net terminal income shall be
21
reported and remitted to the Board within 15 days after the
22
15th day of each month and within 15 days after the end of each
23
month by the video terminal operator. A video terminal
24
operator who falsely reports or fails to report the amount due
25
required by this Section is guilty of a Class 4 felony and is
26
subject to termination of his or her license by the Board. Each

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LRB104 17388 LNS 30813 b
1
video terminal operator shall keep a record of net terminal
2
income in such form as the Board may require. All payments not
3
remitted when due shall be paid together with a penalty
4
assessment on the unpaid balance at a rate of 1.5% per month.
5
(Source: P.A. 103-592, eff. 6-7-24; 104-2, eff. 6-16-25.)

6

(230 ILCS 40/27 rep.)
7

Section 15.
The Video Gaming Act is amended by repealing
8
Section 27.

9

Section 20.
The Criminal Code of 2012 is amended by
10
changing Sections 28-1 and 28-2 as follows:

11

(720 ILCS 5/28-1)

(from Ch. 38, par. 28-1)
12

Sec. 28-1.
Gambling.
13

(a) A person commits gambling when he or she:
14

(1) knowingly plays a game of chance or skill for
15

money or other thing of value, unless excepted in
16

subsection (b) of this Section;
17

(2) knowingly makes a wager upon the result of any
18

game, contest, or any political nomination, appointment or
19

election;
20

(3) knowingly operates, keeps, owns, uses, purchases,
21

exhibits, rents, sells, bargains for the sale or lease of,
22

manufactures or distributes any gambling device;
23

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

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LRB104 17388 LNS 30813 b
1

another the option to buy or sell, or contracts to buy or
2

sell, at a future time, any grain or other commodity
3

whatsoever, or any stock or security of any company, where
4

it is at the time of making such contract intended by both
5

parties thereto that the contract to buy or sell, or the
6

option, whenever exercised, or the contract resulting
7

therefrom, shall be settled, not by the receipt or
8

delivery of such property, but by the payment only of
9

differences in prices thereof; however, the issuance,
10

purchase, sale, exercise, endorsement or guarantee, by or
11

through a person registered with the Secretary of State
12

pursuant to Section 8 of the Illinois Securities Law of
13

1953, or by or through a person exempt from such
14

registration under said Section 8, of a put, call, or
15

other option to buy or sell securities which have been
16

registered with the Secretary of State or which are exempt
17

from such registration under Section 3 of the Illinois
18

Securities Law of 1953 is not gambling within the meaning
19

of this paragraph (4);
20

(5) knowingly owns or possesses any book, instrument
,

21

or apparatus by means of which bets or wagers have been, or
22

are, recorded or registered, or knowingly possesses any
23

money which he
or she
has received in the course of a bet
24

or wager;
25

(6) knowingly sells pools upon the result of any game
26

or contest of skill or chance, political nomination,

HB5139
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LRB104 17388 LNS 30813 b
1

appointment
,
or election;
2

(7) knowingly sets up or promotes any lottery or
3

sells, offers to sell
,
or transfers any ticket or share
4

for any lottery;
5

(8) knowingly sets up or promotes any policy game or
6

sells, offers to sell
,
or knowingly possesses or transfers
7

any policy ticket, slip, record, document
,
or other
8

similar device;
9

(9) knowingly drafts, prints
,
or publishes any lottery
10

ticket or share, or any policy ticket, slip, record,
11

document
,
or similar device, except for such activity
12

related to lotteries, bingo games
,
and raffles authorized
13

by and conducted in accordance with the laws of Illinois
14

or any other state or foreign government;
15

(10) knowingly advertises any lottery or policy game,
16

except for such activity related to lotteries, bingo
17

games
,
and raffles authorized by and conducted in
18

accordance with the laws of Illinois or any other state;
19

(11) knowingly transmits information as to wagers,
20

betting odds, or changes in betting odds by telephone,
21

telegraph, radio, semaphore
,
or similar means; or
22

knowingly installs or maintains equipment for the
23

transmission or receipt of such information; except that
24

nothing in this subdivision (11) prohibits transmission or
25

receipt of such information for use in news reporting of
26

sporting events or contests; or

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LRB104 17388 LNS 30813 b
1

(12) knowingly establishes, maintains, or operates an
2

Internet site that permits a person to play a game of
3

chance or skill for money or other thing of value by means
4

of the Internet or to make a wager upon the result of any
5

game, contest, political nomination, appointment, or
6

election by means of the Internet. This item (12) does not
7

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

(8.1), and (15) of subsection (b) of this Section.
9

(b) Participants in any of the following activities shall
10
not be convicted of gambling:
11

(1) Agreements to compensate for loss caused by the
12

happening of chance
,
including
,
without limitation
,

13

contracts of indemnity or guaranty and life or health or
14

accident insurance.
15

(2) Offers of prizes, award
,
or compensation to the
16

actual contestants in any bona fide contest for the
17

determination of skill, speed, strength
,
or endurance or
18

to the owners of animals or vehicles entered in such
19

contest.
20

(3) Pari-mutuel betting as authorized by the law of
21

this State.
22

(4) Manufacture of gambling devices, including the
23

acquisition of essential parts therefor and the assembly
24

thereof, for transportation in interstate or foreign
25

commerce to any place outside this State when such
26

transportation is not prohibited by any applicable Federal

HB5139
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LRB104 17388 LNS 30813 b
1

law; or the manufacture, distribution, or possession of
2

video gaming terminals, as defined in the Video Gaming
3

Act, by manufacturers, distributors, and terminal
4

operators licensed to do so under the Video Gaming Act.
5

(5) The game commonly known as "bingo", when conducted
6

in accordance with the Bingo License and Tax Act.
7

(6) Lotteries when conducted by the State of Illinois
8

in accordance with the Illinois Lottery Law. This
9

exemption includes any activity conducted by the
10

Department of Revenue to sell lottery tickets pursuant to
11

the provisions of the Illinois Lottery Law and its rules.
12

(6.1) The purchase of lottery tickets through the
13

Internet for a lottery conducted by the State of Illinois
14

under the program established in Section 7.12 of the
15

Illinois Lottery Law.
16

(7) Possession of an antique slot machine that is
17

neither used nor intended to be used in the operation or
18

promotion of any unlawful gambling activity or enterprise.
19

For the purpose of this subparagraph (b)(7), an antique
20

slot machine is one manufactured 25 years ago or earlier.
21

(8) Raffles and poker runs when conducted in
22

accordance with the Raffles and Poker Runs Act.
23

(8.1) The purchase of raffle chances for a raffle
24

conducted in accordance with the Raffles and Poker Runs
25

Act.
26

(9) Charitable games when conducted in accordance with

HB5139
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LRB104 17388 LNS 30813 b
1

the Charitable Games Act.
2

(10) Pull tabs and jar games when conducted under the
3

Illinois Pull Tabs and Jar Games Act.
4

(11) Gambling games when authorized by the Illinois
5

Gambling Act.
6

(12) Video gaming terminal games at a licensed
7

establishment, licensed truck stop establishment, licensed
8

large truck stop establishment, licensed fraternal
9

establishment, or licensed veterans establishment when
10

conducted in accordance with the Video Gaming Act.
11

(13) Games of skill or chance where money or other
12

things of value can be won but no payment or purchase is
13

required to participate
, except where conducted through
14

use of a gambling device or by means of the Internet
.
15

(14) Savings promotion raffles authorized under
16

Section 5g of the Illinois Banking Act, Section 7008 of
17

the Savings Bank Act, Section 42.7 of the Illinois Credit
18

Union Act, Section 5136B of the National Bank Act (12
19

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
20

U.S.C. 1463).
21

(15) Sports wagering when conducted in accordance with
22

the Sports Wagering Act.
23

(c) Sentence.
24

(1)
Gambling is a Class A misdemeanor. A second or
25

subsequent conviction under subsections (a)(3) through
26

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

HB5139
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LRB104 17388 LNS 30813 b
1

(2) Notwithstanding paragraph (1) of this subsection
2

(c), or anything else contained in this Section to the
3

contrary, a gambling offense involving a device described
4

in item (iii) of subsection (a) of Section 28-2 is a Class
5

4 felony.

6

(d) Circumstantial evidence.
7

In prosecutions under this Section circumstantial evidence
8
shall have the same validity and weight as in any criminal
9
prosecution.
10
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
11
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
12
101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

13

(720 ILCS 5/28-2)

(from Ch. 38, par. 28-2)
14

Sec. 28-2.
Definitions.
15

(a) A "gambling device" is
: (i)
any clock, tape machine,
16
slot machine
,
or other machines or device for the reception of
17
money or other thing of value on chance or skill or upon the
18
action of which money or other thing of value is staked,
19
hazarded, bet, won, or lost;
(ii)

or
any mechanism, furniture,
20
fixture, equipment, or other device designed primarily for use
21
in a gambling place
; or (iii) any vending or other electronic
22
machine or device, including, without limitation, a machine or
23
device that awards credits and contains a circuit, meter, or
24
switch capable of removing and recording the removal of
25
credits that offers a person entry into any contest,

HB5139
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LRB104 17388 LNS 30813 b
1
competition, sweepstakes, scheme, plan, or other selection
2
process that involves or is dependent upon an element of
3
chance for which the person may receive a gift, award, or other
4
item or service of value if that offer is incidental to or
5
results from: (A) the purchase of an item or service of value;
6
or (B) the purchase or gratuitous receipt of a coupon,
7
voucher, certificate, or other similar credit that can be
8
redeemed for or applied towards an item or service of value
9
from such machine or device or elsewhere
. A "gambling device"
10
does not include:
11

(1) A coin-in-the-slot operated mechanical device
12

played for amusement which rewards the player with the
13

right to replay such mechanical device, which device is so
14

constructed or devised as to make such result of the
15

operation thereof depend in part upon the skill of the
16

player and which returns to the player thereof no money,
17

property, or right to receive money or property.
18

(2)
Except as otherwise provided in this subsection
19

(a), a vending machine

Vending machines
by which full and
20

adequate return is made for the money invested and in
21

which there is no element of chance or hazard.
22

(3) A crane game. For the purposes of this paragraph
23

(3), a "crane game" is an amusement device involving
24

skill, if it rewards the player exclusively with
25

merchandise contained within the amusement device proper
26

and limited to toys, novelties, and prizes other than

HB5139
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LRB104 17388 LNS 30813 b
1

currency, each having a wholesale value which is not more
2

than $25.
3

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

paragraph (4), a "redemption machine" is a single-player
5

or multi-player amusement device involving a game, the
6

object of which is throwing, rolling, bowling, shooting,
7

placing, or propelling a ball or other object that is
8

either physical or computer generated on a display or with
9

lights into, upon, or against a hole or other target that
10

is either physical or computer generated on a display or
11

with lights, or stopping, by physical, mechanical, or
12

electronic means, a moving object that is either physical
13

or computer generated on a display or with lights into,
14

upon, or against a hole or other target that is either
15

physical or computer generated on a display or with
16

lights, provided that all of the following conditions are
17

met:
18

(A) The outcome of the game is predominantly
19

determined by the skill of the player.
20

(B) The award of the prize is based solely upon the
21

player's achieving the object of the game or otherwise
22

upon the player's score.
23

(C) Only merchandise prizes are awarded.
24

(D) The wholesale value of prizes awarded in lieu
25

of tickets or tokens for single play of the device does
26

not exceed $25.

HB5139
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LRB104 17388 LNS 30813 b
1

(E) The redemption value of tickets, tokens, and
2

other representations of value, which may be
3

accumulated by players to redeem prizes of greater
4

value, for a single play of the device does not exceed
5

$25.
6

(5) Video gaming terminals at a licensed
7

establishment, licensed truck stop establishment, licensed
8

large truck stop establishment, licensed fraternal
9

establishment, or licensed veterans establishment licensed
10

in accordance with the Video Gaming Act.
11

(a-5) "Internet" means an interactive computer service or
12
system or an information service, system, or access software
13
provider that provides or enables computer access by multiple
14
users to a computer server, and includes, but is not limited
15
to, an information service, system, or access software
16
provider that provides access to a network system commonly
17
known as the Internet, or any comparable system or service and
18
also includes, but is not limited to, a World Wide Web page,
19
newsgroup, message board, mailing list, or chat area on any
20
interactive computer service or system or other online
21
service.
22

(a-6) "Access" has the meaning ascribed to the term in
23
Section 17-55.
24

(a-7) "Computer" has the meaning ascribed to the term in
25
Section 17-0.5.
26

(b) A "lottery" is any scheme or procedure whereby one or

HB5139
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LRB104 17388 LNS 30813 b
1
more prizes are distributed by chance among persons who have
2
paid or promised consideration for a chance to win such
3
prizes, whether such scheme or procedure is called a lottery,
4
raffle, gift, sale, or some other name, excluding savings
5
promotion raffles authorized under Section 5g of the Illinois
6
Banking Act, Section 7008 of the Savings Bank Act, Section
7
42.7 of the Illinois Credit Union Act, Section 5136B of the
8
National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
9
Owners' Loan Act (12 U.S.C. 1463).
10

(c) A "policy game" is any scheme or procedure whereby a
11
person promises or guarantees by any instrument, bill,
12
certificate, writing, token, or other device that any
13
particular number, character, ticket, or certificate shall in
14
the event of any contingency in the nature of a lottery entitle
15
the purchaser or holder to receive money, property, or
16
evidence of debt.
17

(d) It is the intent of item (iii) of subsection (a) of
18
this Section to prohibit any mechanism that seeks to avoid
19
being considered a gambling device through the use of any
20
subterfuge or pretense whatsoever.

21
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
22
102-558, eff. 8-20-21.)

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