Bill Text: IL HB5811 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Sports Wagering Act. Repeals provisions concerning an exchange wager transaction tax. Effective immediately.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2026-09-02 - Filed with the Clerk by Rep. Travis Weaver [HB5811 Detail]
Download: Illinois-2025-HB5811-Introduced.html
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| 1 | AN ACT concerning revenue. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Sports Wagering Act is amended by changing | |||||||||||||||||||||
| 5 | Sections 25-10 and 25-90 as follows: | |||||||||||||||||||||
| 6 | (230 ILCS 45/25-10) | |||||||||||||||||||||
| 7 | Sec. 25-10. Definitions. As used in this Act: | |||||||||||||||||||||
| 8 | "Adjusted gross sports wagering receipts" means a master | |||||||||||||||||||||
| 9 | sports wagering licensee's gross sports wagering receipts, | |||||||||||||||||||||
| 10 | less winnings paid to wagerers in such games. | |||||||||||||||||||||
| 11 | "Athlete" means any current or former professional athlete | |||||||||||||||||||||
| 12 | or collegiate athlete. | |||||||||||||||||||||
| 13 | "Board" means the Illinois Gaming Board. | |||||||||||||||||||||
| 14 | "Covered persons" includes athletes; umpires, referees, | |||||||||||||||||||||
| 15 | and officials; personnel associated with clubs, teams, | |||||||||||||||||||||
| 16 | leagues, and athletic associations; medical professionals | |||||||||||||||||||||
| 17 | (including athletic trainers) who provide services to athletes | |||||||||||||||||||||
| 18 | and players; and the family members and associates of these | |||||||||||||||||||||
| 19 | persons where required to serve the purposes of this Act. | |||||||||||||||||||||
| 20 | "Exchange wager" includes an agreement, contract, | |||||||||||||||||||||
| 21 | transaction, or swap that is offered, traded, or executed on a | |||||||||||||||||||||
| 22 | prediction market or exchange tied to a sporting contest or | |||||||||||||||||||||
| 23 | sporting event. | |||||||||||||||||||||
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| 1 | "Department" means the Department of the Lottery. | ||||||
| 2 | "Gaming facility" means a facility at which gambling | ||||||
| 3 | operations are conducted under the Illinois Gambling Act, | ||||||
| 4 | pari-mutuel wagering is conducted under the Illinois Horse | ||||||
| 5 | Racing Act of 1975, or sports wagering is conducted under this | ||||||
| 6 | Act. | ||||||
| 7 | "Official league data" means statistics, results, | ||||||
| 8 | outcomes, and other data related to a sports event obtained | ||||||
| 9 | pursuant to an agreement with the relevant sports governing | ||||||
| 10 | body, or an entity expressly authorized by the sports | ||||||
| 11 | governing body to provide such information to licensees, that | ||||||
| 12 | authorizes the use of such data for determining the outcome of | ||||||
| 13 | tier 2 sports wagers on such sports events. | ||||||
| 14 | "Organization licensee" has the meaning given to that term | ||||||
| 15 | in the Illinois Horse Racing Act of 1975. | ||||||
| 16 | "Owners licensee" means the holder of an owners license | ||||||
| 17 | under the Illinois Gambling Act. | ||||||
| 18 | "Person" means an individual, partnership, committee, | ||||||
| 19 | association, corporation, or any other organization or group | ||||||
| 20 | of persons. | ||||||
| 21 | "Personal biometric data" means an athlete's information | ||||||
| 22 | derived from DNA, heart rate, blood pressure, perspiration | ||||||
| 23 | rate, internal or external body temperature, hormone levels, | ||||||
| 24 | glucose levels, hydration levels, vitamin levels, bone | ||||||
| 25 | density, muscle density, and sleep patterns. | ||||||
| 26 | "Prohibited conduct" includes any statement, action, and | ||||||
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| 1 | other communication intended to influence, manipulate, or | ||||||
| 2 | control a betting outcome of a sporting contest or of any | ||||||
| 3 | individual occurrence or performance in a sporting contest in | ||||||
| 4 | exchange for financial gain or to avoid financial or physical | ||||||
| 5 | harm. "Prohibited conduct" includes statements, actions, and | ||||||
| 6 | communications made to a covered person by a third party, such | ||||||
| 7 | as a family member or through social media. "Prohibited | ||||||
| 8 | conduct" does not include statements, actions, or | ||||||
| 9 | communications made or sanctioned by a team or sports | ||||||
| 10 | governing body. | ||||||
| 11 | "Qualified applicant" means an applicant for a license | ||||||
| 12 | under this Act whose application meets the mandatory minimum | ||||||
| 13 | qualification criteria as required by the Board. | ||||||
| 14 | "Sporting contest" means a sports event or game on which | ||||||
| 15 | the State allows sports wagering to occur under this Act. | ||||||
| 16 | "Sports event" means a professional sport or athletic | ||||||
| 17 | event, a collegiate sport or athletic event, a motor race | ||||||
| 18 | event, or any other event or competition of relative skill | ||||||
| 19 | authorized by the Board under this Act. | ||||||
| 20 | "Sports facility" means a facility that hosts sports | ||||||
| 21 | events and holds a seating capacity greater than 17,000 | ||||||
| 22 | persons, except in a municipality with a population of more | ||||||
| 23 | than 1,000,000, a seating capacity greater than 10,000 | ||||||
| 24 | persons. | ||||||
| 25 | "Sports governing body" means the organization that | ||||||
| 26 | prescribes final rules and enforces codes of conduct with | ||||||
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| 1 | respect to a sports event and participants therein. | ||||||
| 2 | "Sports wagering" means accepting wagers on sports events | ||||||
| 3 | or portions of sports events, or on the individual performance | ||||||
| 4 | statistics of athletes in a sports event or combination of | ||||||
| 5 | sports events, by any system or method of wagering, including, | ||||||
| 6 | but not limited to, in person or over the Internet through | ||||||
| 7 | websites and on mobile devices. "Sports wagering" includes, | ||||||
| 8 | but is not limited to, single-game bets, teaser bets, parlays, | ||||||
| 9 | over-under, moneyline, pools, exchange wagering, in-game | ||||||
| 10 | wagering, in-play bets, proposition bets, and straight bets. | ||||||
| 11 | "Sports wagering" does not include fantasy contests as that | ||||||
| 12 | term is defined in Section 25-120.1. | ||||||
| 13 | "Sports wagering account" means a financial record | ||||||
| 14 | established by a master sports wagering licensee for an | ||||||
| 15 | individual patron in which the patron may deposit and withdraw | ||||||
| 16 | funds for sports wagering and other authorized purchases and | ||||||
| 17 | to which the master sports wagering licensee may credit | ||||||
| 18 | winnings or other amounts due to that patron or authorized by | ||||||
| 19 | that patron. | ||||||
| 20 | "Tier 1 sports wager" means a sports wager that is | ||||||
| 21 | determined solely by the final score or final outcome of the | ||||||
| 22 | sports event and is placed before the sports event has begun. | ||||||
| 23 | "Tier 2 sports wager" means a sports wager that is not a | ||||||
| 24 | tier 1 sports wager. | ||||||
| 25 | "Wager" means a sum of money or thing of value risked on an | ||||||
| 26 | uncertain occurrence. | ||||||
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| 1 | (Source: P.A. 104-468, Article 130, Section 130-5, eff. | ||||||
| 2 | 6-16-26; 104-468, Article 140, Section 140-10, eff. 6-16-26; | ||||||
| 3 | revised 7-13-26.) | ||||||
| 4 | (230 ILCS 45/25-90) | ||||||
| 5 | Sec. 25-90. Tax; Sports Wagering Fund. | ||||||
| 6 | (a) For the privilege of holding a license to operate | ||||||
| 7 | sports wagering under this Act until June 30, 2024, this State | ||||||
| 8 | shall impose and collect 15% of a master sports wagering | ||||||
| 9 | licensee's adjusted gross sports wagering receipts from sports | ||||||
| 10 | wagering. The accrual method of accounting shall be used for | ||||||
| 11 | purposes of calculating the amount of the tax owed by the | ||||||
| 12 | licensee. | ||||||
| 13 | The taxes levied and collected pursuant to this subsection | ||||||
| 14 | (a) are due and payable to the Board no later than the last day | ||||||
| 15 | of the month following the calendar month in which the | ||||||
| 16 | adjusted gross sports wagering receipts were received and the | ||||||
| 17 | tax obligation was accrued. | ||||||
| 18 | (a-5) In addition to the tax imposed under subsection (a), | ||||||
| 19 | (d), (d-5), or (d-7) of this Section, for the privilege of | ||||||
| 20 | holding a license to operate sports wagering under this Act, | ||||||
| 21 | the State shall impose and collect 2% of the adjusted gross | ||||||
| 22 | receipts from sports wagers that are placed within a home rule | ||||||
| 23 | county with a population of over 3,000,000 inhabitants, which | ||||||
| 24 | shall be paid, subject to appropriation from the General | ||||||
| 25 | Assembly, from the Sports Wagering Fund to that home rule | ||||||
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| 1 | county for the purpose of enhancing the county's criminal | ||||||
| 2 | justice system. | ||||||
| 3 | (b) The Sports Wagering Fund is hereby created as a | ||||||
| 4 | special fund in the State treasury. Except as otherwise | ||||||
| 5 | provided in this Act, all moneys collected under this Act by | ||||||
| 6 | the Board shall be deposited into the Sports Wagering Fund. | ||||||
| 7 | Through August 25, 2024, on the 25th of each month, any moneys | ||||||
| 8 | remaining in the Sports Wagering Fund in excess of the | ||||||
| 9 | anticipated monthly expenditures from the Fund through the | ||||||
| 10 | next month, as certified by the Board to the State | ||||||
| 11 | Comptroller, shall be transferred by the State Comptroller and | ||||||
| 12 | the State Treasurer to the Capital Projects Fund. Beginning | ||||||
| 13 | September 25, 2024, on the 25th of each month, of the moneys | ||||||
| 14 | remaining in the Sports Wagering Fund in excess of the | ||||||
| 15 | anticipated monthly expenditures from the Fund through the | ||||||
| 16 | next month, as certified by the Board to the State | ||||||
| 17 | Comptroller, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer 58% to the General Revenue Fund and | ||||||
| 19 | 42% to the Capital Projects Fund. | ||||||
| 20 | (c) Beginning with July 2021, and on a monthly basis | ||||||
| 21 | thereafter, the Board shall certify to the State Comptroller | ||||||
| 22 | the amount of license fees collected in the month for initial | ||||||
| 23 | licenses issued under this Act, except for occupational | ||||||
| 24 | licenses. As soon after certification as practicable, the | ||||||
| 25 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 26 | transfer the certified amount from the Sports Wagering Fund to | ||||||
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| 1 | the Rebuild Illinois Projects Fund. | ||||||
| 2 | (d) Beginning on July 1, 2024, and for each 12-month | ||||||
| 3 | period thereafter, for the privilege of holding a license to | ||||||
| 4 | operate sports wagering under this Act, this State shall | ||||||
| 5 | impose a privilege tax on the master sports licensee's | ||||||
| 6 | adjusted gross sports wagering receipts from sports wagering | ||||||
| 7 | over the Internet or through a mobile application based on the | ||||||
| 8 | following rates: | ||||||
| 9 | 20% of annual adjusted gross sports wagering receipts | ||||||
| 10 | up to and including $30,000,000. | ||||||
| 11 | 25% of annual adjusted gross sports wagering receipts | ||||||
| 12 | in excess of $30,000,000 but not exceeding $50,000,000. | ||||||
| 13 | 30% of annual adjusted gross sports wagering receipts | ||||||
| 14 | in excess of $50,000,000 but not exceeding $100,000,000. | ||||||
| 15 | 35% of annual adjusted gross sports wagering receipts | ||||||
| 16 | in excess of $100,000,000 but not exceeding $200,000,000. | ||||||
| 17 | 40% of annual adjusted gross sports wagering receipts | ||||||
| 18 | in excess of $200,000,000. | ||||||
| 19 | (d-5) Beginning on July 1, 2024, and for each 12-month | ||||||
| 20 | period thereafter, for the privilege of holding a license to | ||||||
| 21 | operate sports wagering under this Act, this State shall | ||||||
| 22 | impose a privilege tax on the master sports licensee's | ||||||
| 23 | adjusted gross sports wagering receipts from sports wagering | ||||||
| 24 | from other than over the Internet or through a mobile | ||||||
| 25 | application based on the following rates: | ||||||
| 26 | 20% of annual adjusted gross sports wagering receipts | ||||||
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| 1 | up to and including $30,000,000. | ||||||
| 2 | 25% of annual adjusted gross sports wagering receipts | ||||||
| 3 | in excess of $30,000,000 but not exceeding $50,000,000. | ||||||
| 4 | 30% of annual adjusted gross sports wagering receipts | ||||||
| 5 | in excess of $50,000,000 but not exceeding $100,000,000. | ||||||
| 6 | 35% of annual adjusted gross sports wagering receipts | ||||||
| 7 | in excess of $100,000,000 but not exceeding $200,000,000. | ||||||
| 8 | 40% of annual adjusted gross sports wagering receipts | ||||||
| 9 | in excess of $200,000,000. | ||||||
| 10 | (d-7) Beginning on July 1, 2025, and each month | ||||||
| 11 | thereafter, for the privilege of holding a license to operate | ||||||
| 12 | sports wagering under this Act, this State shall impose a | ||||||
| 13 | wager tax on each master sports licensee for each individual | ||||||
| 14 | wager placed with the master sports licensee for sports | ||||||
| 15 | wagering over the Internet or through a mobile application. | ||||||
| 16 | The tax shall be based on the following schedule and shall be | ||||||
| 17 | in addition to any other taxes or fees imposed under this Act: | ||||||
| 18 | The tax shall be $0.25 per wager for the first 20,000,000 | ||||||
| 19 | annual combined Tier 1 and Tier 2 wagers. | ||||||
| 20 | The tax shall be $0.50 per wager for each wager in excess | ||||||
| 21 | of 20,000,000 annual combined Tier 1 and Tier 2 wagers. | ||||||
| 22 | The tax levied under this subsection shall be deposited | ||||||
| 23 | monthly into the Sports Wagering Fund. The Board shall certify | ||||||
| 24 | all amounts deposited into the Sports Wagering Fund under this | ||||||
| 25 | subsection to the State Comptroller. The State Comptroller | ||||||
| 26 | shall direct and the State Treasurer shall transfer that | ||||||
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| 1 | certified amount from the Sports Wagering Fund to the General | ||||||
| 2 | Revenue Fund. | ||||||
| 3 | As used in this subsection, "annual combined Tier 1 and | ||||||
| 4 | Tier 2 wagers" means the total number of individual wagers | ||||||
| 5 | placed with the licensee, regardless of outcome or payout in a | ||||||
| 6 | given fiscal year. | ||||||
| 7 | (d-10) The accrual method of accounting shall be used for | ||||||
| 8 | purposes of calculating the amount of the tax owed by the | ||||||
| 9 | licensee. | ||||||
| 10 | (d-15) The taxes levied and collected pursuant to | ||||||
| 11 | subsections (d) (d-5), and (d-7) are due and payable to the | ||||||
| 12 | Board no later than the last day of the month following the | ||||||
| 13 | calendar month in which the adjusted gross sports wagering | ||||||
| 14 | receipts were received and the tax obligation was accrued. | ||||||
| 15 | (d-20) (Blank). In addition to all other taxes and | ||||||
| 16 | payments owed under this Act, any wagers offered under this | ||||||
| 17 | Act shall be subject to incur a transaction tax equal to the | ||||||
| 18 | 1.75% of each exchange wager. After the first five million | ||||||
| 19 | exchange wagers conducted by a licensee during a fiscal year, | ||||||
| 20 | the transaction tax imposed under this subsection shall | ||||||
| 21 | increase to 3.5% of each exchange wager. | ||||||
| 22 | The tax levied under this subsection shall be deposited | ||||||
| 23 | monthly into the Sports Wagering Fund. The Board shall certify | ||||||
| 24 | all amounts deposited into the Sports Wagering Fund under this | ||||||
| 25 | subsection to the State Comptroller. The State Comptroller | ||||||
| 26 | shall direct and the State Treasurer shall transfer that | ||||||
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| 1 | certified amount from the Sports Wagering Fund to the General | ||||||
| 2 | Revenue Fund. | ||||||
| 3 | (e) Annually, a master sports wagering licensee shall | ||||||
| 4 | transmit to the Board an audit of the financial transactions | ||||||
| 5 | and condition of the licensee's total operations. | ||||||
| 6 | Additionally, within 90 days after the end of each quarter of | ||||||
| 7 | each fiscal year, the master sports wagering licensee shall | ||||||
| 8 | transmit to the Board a compliance report on engagement | ||||||
| 9 | procedures determined by the Board. All audits and compliance | ||||||
| 10 | engagements shall be conducted by certified public accountants | ||||||
| 11 | selected by the Board. Each certified public accountant must | ||||||
| 12 | be registered in the State of Illinois under the Illinois | ||||||
| 13 | Public Accounting Act. The compensation for each certified | ||||||
| 14 | public accountant shall be paid directly by the master sports | ||||||
| 15 | wagering licensee to the certified public accountant. | ||||||
| 16 | (Source: P.A. 103-592, eff. 6-7-24; 104-6, eff. 6-16-25; | ||||||
| 17 | 104-468, eff. 6-16-26.) | ||||||
| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law. | ||||||
