HB 5139

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Full Text of HB5139
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	HB5139 - 104th General Assembly
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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,
3represented in the General Assembly:
4    Section 5. The Video Gaming Act is amended by changing
5Sections 35 and 60 as follows:
6    (230 ILCS 40/35)
7    Sec. 35. Display of license; confiscation; violation as
8felony.
9    (a) Each video gaming terminal shall be licensed by the
10Board before placement or operation on the premises of a
11licensed establishment, licensed truck stop establishment,
12licensed large truck stop establishment, licensed fraternal
13establishment, or licensed veterans establishment. The license
14of each video gaming terminal shall be maintained at the
15location where the video gaming terminal is operated. Failure
16to do so is a petty offense with a fine not to exceed $100. Any
17licensed establishment, licensed truck stop establishment,
18licensed large truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment used for the
20conduct of gambling games in violation of this Act shall be
21considered a gambling place in violation of Section 28-3 of
22the Criminal Code of 2012. Every gambling device found in a
23licensed establishment, licensed truck stop establishment,
		HB5139	- 2 -	LRB104 17388 LNS 30813 b
1licensed large truck stop establishment, licensed fraternal
2establishment, or licensed veterans establishment operating
3gambling games in violation of this Act shall be subject to
4seizure, confiscation, and destruction as provided in Section
528-5 of the Criminal Code of 2012. Any license issued under the
6Liquor Control Act of 1934 to any owner or operator of a
7licensed establishment, licensed truck stop establishment,
8licensed large truck stop establishment, licensed fraternal
9establishment, or licensed veterans establishment that
10operates or permits the operation of a video gaming terminal
11within its establishment in violation of this Act shall be
12immediately revoked. No person may own, operate, have in his
13or her possession or custody or under his or her control, or
14permit to be kept in any place under his or her possession or
15control, any device that awards credits and contains a
16circuit, meter, or switch capable of removing and recording
17the removal of credits when the award of credits is dependent
18upon chance.
19    An applicant or licensee under this Act is not in 
20violation of this Act or any of the Board rules under 11 Ill. 
21Adm. Code 1800.420 and shall not be subject to disciplinary 
22action, delay of any Board consideration, or denial of any 
23license for operating a gaming device if operation of the 
24gaming device is in compliance with, and not considered 
25gambling under, subsection (b) of Section 28-1 or item (iii) 
26of subsection (a) of Section 28-2 of the Criminal Code of 2012.
		HB5139	- 3 -	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
6devices that are owned, operated, or possessed in violation of
7this Section are hereby declared to be public nuisances and
8shall be subject to seizure, confiscation, and destruction as
9provided in Section 28-5 of the Criminal Code of 2012.
10    The provisions of this Section do not apply to devices or
11electronic video game terminals licensed pursuant to this Act.
12A video gaming terminal operated for amusement only and
13bearing a valid amusement tax sticker shall not be subject to
14this Section until 30 days after the Board establishes that
15the central communications system is functional.
16    (b) (1) The odds of winning each video game shall be posted
17on or near each video gaming terminal. The manner in which the
18odds are calculated and how they are posted shall be
19determined by the Board by rule.
20    (2) No video gaming terminal licensed under this Act may
21be played except during the legal hours of operation allowed
22for the consumption of alcoholic beverages at the licensed
23establishment, licensed fraternal establishment, or licensed
24veterans establishment. A licensed establishment, licensed
25fraternal establishment, or licensed veterans establishment
26that violates this subsection is subject to termination of its
		HB5139	- 4 -	LRB104 17388 LNS 30813 b
1license 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
6terminal income and shall be collected by the Board.
7    Of the tax collected under this subsection (a),
8five-sixths shall be deposited into the Capital Projects Fund
9and one-sixth shall be deposited into the Local Government
10Video Gaming Distributive Fund.
11    (b) Beginning on July 1, 2019 and through June 30, 2025, an
12additional tax of 3% is imposed on net terminal income and
13shall be collected by the Board.
14    Beginning on July 1, 2020 and through June 30, 2025, an
15additional tax of 1% is imposed on net terminal income and
16shall be collected by the Board.
17    Beginning on July 1, 2024 and through June 30, 2025, an
18additional tax of 1% is imposed on net terminal income and
19shall be collected by the Board.
20    The tax collected under this subsection (b) shall be
21deposited into the Capital Projects Fund.
22    (b-5) Beginning on July 1, 2025, a tax of 35% is imposed on
23net terminal income and shall be collected by the Board.
24    Until December 31, 2026, of [Of] the tax collected under
25this subsection (b-5), 83.7% shall be deposited into the
		HB5139	- 5 -	LRB104 17388 LNS 30813 b
1Capital Projects Fund, 14.3% shall be deposited into the Local
2Government Video Gaming Distributive Fund, and 2% shall be
3deposited into the State Gaming Fund. Beginning on January 1, 
42027, of the tax collected under this subsection (b-5), 80.84% 
5shall be deposited into the Capital Projects Fund, 17.16% 
6shall be deposited into the Local Government Video Gaming 
7Distributive Fund, and 2% shall be deposited into the State 
8Gaming Fund.
9    (c) Revenues generated from the play of video gaming
10terminals shall be deposited by the terminal operator, who is
11responsible for tax payments, in a specially created, separate
12bank account maintained by the video gaming terminal operator
13to allow for electronic fund transfers of moneys for tax
14payment.
15    (d) Each licensed establishment, licensed truck stop
16establishment, licensed large truck stop establishment,
17licensed fraternal establishment, and licensed veterans
18establishment shall maintain an adequate video gaming fund,
19with the amount to be determined by the Board.
20    (e) The State's percentage of net terminal income shall be
21reported and remitted to the Board within 15 days after the
2215th day of each month and within 15 days after the end of each
23month by the video terminal operator. A video terminal
24operator who falsely reports or fails to report the amount due
25required by this Section is guilty of a Class 4 felony and is
26subject to termination of his or her license by the Board. Each
		HB5139	- 6 -	LRB104 17388 LNS 30813 b
1video terminal operator shall keep a record of net terminal
2income in such form as the Board may require. All payments not
3remitted when due shall be paid together with a penalty
4assessment 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
8Section 27.
9    Section 20. The Criminal Code of 2012 is amended by
10changing 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
		HB5139	- 7 -	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	- 8 -	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
		HB5139	- 9 -	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
10not 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	- 10 -	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	- 11 -	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	- 12 -	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
8shall have the same validity and weight as in any criminal
9prosecution.
10(Source: P.A. 101-31, Article 25, Section 25-915, eff.
116-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
12101-109, 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,
16slot machine, or other machines or device for the reception of
17money or other thing of value on chance or skill or upon the
18action of which money or other thing of value is staked,
19hazarded, bet, won, or lost; (ii) [or] any mechanism, furniture,
20fixture, equipment, or other device designed primarily for use
21in a gambling place; or (iii) any vending or other electronic 
22machine or device, including, without limitation, a machine or 
23device that awards credits and contains a circuit, meter, or 
24switch capable of removing and recording the removal of 
25credits that offers a person entry into any contest, 
		HB5139	- 13 -	LRB104 17388 LNS 30813 b
1competition, sweepstakes, scheme, plan, or other selection 
2process that involves or is dependent upon an element of 
3chance for which the person may receive a gift, award, or other 
4item or service of value if that offer is incidental to or 
5results from: (A) the purchase of an item or service of value; 
6or (B) the purchase or gratuitous receipt of a coupon, 
7voucher, certificate, or other similar credit that can be 
8redeemed for or applied towards an item or service of value 
9from such machine or device or elsewhere. A "gambling device"
10does 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	- 14 -	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	- 15 -	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
12system or an information service, system, or access software
13provider that provides or enables computer access by multiple
14users to a computer server, and includes, but is not limited
15to, an information service, system, or access software
16provider that provides access to a network system commonly
17known as the Internet, or any comparable system or service and
18also includes, but is not limited to, a World Wide Web page,
19newsgroup, message board, mailing list, or chat area on any
20interactive computer service or system or other online
21service.
22    (a-6) "Access" has the meaning ascribed to the term in
23Section 17-55.
24    (a-7) "Computer" has the meaning ascribed to the term in
25Section 17-0.5.
26    (b) A "lottery" is any scheme or procedure whereby one or
		HB5139	- 16 -	LRB104 17388 LNS 30813 b
1more prizes are distributed by chance among persons who have
2paid or promised consideration for a chance to win such
3prizes, whether such scheme or procedure is called a lottery,
4raffle, gift, sale, or some other name, excluding savings
5promotion raffles authorized under Section 5g of the Illinois
6Banking Act, Section 7008 of the Savings Bank Act, Section
742.7 of the Illinois Credit Union Act, Section 5136B of the
8National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
9Owners' Loan Act (12 U.S.C. 1463).
10    (c) A "policy game" is any scheme or procedure whereby a
11person promises or guarantees by any instrument, bill,
12certificate, writing, token, or other device that any
13particular number, character, ticket, or certificate shall in
14the event of any contingency in the nature of a lottery entitle
15the purchaser or holder to receive money, property, or
16evidence of debt.
17    (d) It is the intent of item (iii) of subsection (a) of 
18this Section to prohibit any mechanism that seeks to avoid 
19being considered a gambling device through the use of any 
20subterfuge or pretense whatsoever.
21(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
22102-558, eff. 8-20-21.)