Bill Text: IL SB2254 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2022-02-18 - Rule 3-9(a) / Re-referred to Assignments [SB2254 Detail]

Download: Illinois-2021-SB2254-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2254 Introduced 2/26/2021, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
See Index
Creates the Department of Lottery and Gaming Act. Creates the Department of Lottery and Gaming to consolidate the functions of the Department of the Lottery, the Illinois Racing Board, and the Illinois Gaming Board. Creates the Lottery and Gaming Board consisting of the directors of the divisions in the new Department of Lottery and Gaming. Provides that the divisions shall be: Division of Casino Gambling, Division of Video Gaming, Division of Horse Racing, Division of Sports Wagering, and Division of Lottery. Provides for the transfer of functions, abolition of consolidating agencies, and the effect of transfer. Makes conforming changes throughout various Acts.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Department of Lottery and Gaming Act.
Section 5. Definitions. As used in this Act:
"Consolidating agencies" means the Department of the
Lottery, the Illinois Racing Board, and the Illinois Gaming
Board.
"Department" means the Department of Lottery and Gaming.
Section 10. Department of Lottery and Gaming.
(a) There is created the Department of Lottery and Gaming
to consolidate the functions of the Department of the Lottery,
the Illinois Racing Board, and the Illinois Gaming Board.
(b) Within the Department, there shall be the following
divisions:
Division of Casino Gambling.
Division of Video Gaming.
Division of Horse Racing.
Division of Sports Wagering.
Division of Lottery.
(c) Each Division shall have responsibility for its

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respective area within the Department and as provided by the
Illinois Gambling Act, the Video Gaming Act, the State Fair
Gaming Act, the Illinois Horse Racing Act of 1975, the Sports
Wagering Act, and the Illinois Lottery Law.
Section 15. Lottery and Gaming Board.
(a) The Department shall be led by the Lottery and Gaming
Board. The Board shall have 5 members:
Director of Casino Gambling.
Director of Video Gaming.
Director of Horse Racing.
Director of Sports Wagering.
Director of Lottery.
(b) The Directors of Casino Gambling, Video Gaming, Horse
Racing, Sports Wagering, and Lottery shall be appointed by the
Governor for terms of 4 years, with the advice and consent of
the Senate. The compensation of the Directors shall be set by
the Governor at the time of their appointment. Directors must
have relevant experience in the gaming industry related to
their respective divisions.
(c) The Director of Casino Gambling shall have the duties
and powers described in the Illinois Gambling Act. The
Director of Video Gaming shall have the duties and powers
described in the Video Gaming Act and the State Fair Gaming
Act. The Director of Horse Racing shall have the duties and
powers described in the Illinois Horse Racing Act of 1975. The

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Director of Sport Wagering shall have the duties and powers
described in the Sports Wagering Act. The Director of Lottery
shall have the duties and powers described in the Illinois
Lottery Law.
(d) The Directors shall exercise day to day supervision
over their respective Divisions, subject to the supervision of
the Lottery and Gaming Board.
Section 20. Transfer of functions.
(a) The functions and all associated powers, duties,
rights, and responsibilities of the consolidating agencies
shall be transferred to the Department of Lottery and Gaming
and shall be exercised by the respective Divisions on behalf
of the Department. The statutory powers, duties, rights, and
responsibilities of the consolidating agencies associated with
these functions derive from the Illinois Lottery Law, the
Illinois Horse Racing Act of 1975, and the Illinois Gambling
Act, the Video Gaming Act, the Sports Wagering Act, and the
State Fair Gaming Act.
(b) If a provision of an Executive Order or any Act or
Section thereof transferred by this Act provides for
membership of the director or commissioner of any of the
consolidating agencies on any council, commission, board, or
other entity, the Lottery and Gaming Board or, at the
Governor's discretion, the appropriate director of the
respective division, or his or her designee, shall serve in

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that place. If more than one such person is required by law to
serve on any council, commission, board, or other entity, an
equivalent number of representatives of the Department shall
so serve.
Section 25. Abolition of consolidating agencies; successor
agency. The consolidating agencies listed in this Section
shall be abolished. The rights, powers, and duties associated
with the functions vested by law in these consolidating
agencies, or any office, division, council, committee, bureau,
board, commission, officer, employee, or associated
individual, person or entity, and all rights, powers, and
duties of the consolidating agencies related to the functions,
including funding mechanisms, shall be transferred to the
Department of Lottery and Gaming with this Act:
(1) Department of the Lottery.
(2) Illinois Racing Board.
(3) Illinois Gaming Board.
The Department of Lottery and Gaming is the successor agency
of the Department of the Lottery, the Illinois Racing Board,
and the Illinois Gaming Board under Section 10-5 of the
Successor Agency Act.
Section 30. Effect of transfer.
(a) The powers, duties, rights, and responsibilities
related to the functions and transferred by the consolidating

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agencies to the Department shall not be affected by this Act,
except that they shall all be carried out by the Department
from the effective date of the transfers.
(b) The staffs of the consolidating agencies engaged in
the performance of the functions shall be transferred to the
Department. The status and rights of employees under the
Personnel Code shall not be affected by the transfers. The
rights of the employees, the State of Illinois, and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by this Act.
(c) All books, records, papers, documents, property (real
and personal), contracts, and pending business pertaining to
the powers, duties, rights, and responsibilities transferred
by this Act from the consolidating agencies to the Department,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be delivered to the Department.
(d) All unexpended appropriations and balances and other
funds available for use in connection with any of the
functions shall be transferred for use by the Department for
the functions pursuant to the direction of the Governor.
Unexpended balances so transferred shall be expended only for
the purpose for which the appropriations were originally made.
Section 35. Saving clause.

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(a) The powers, duties, rights, and responsibilities
related to the functions and transferred from the
consolidating agencies by this Act shall be vested in and
shall be exercised by the Department. Each act done in
exercise of such powers, duties, rights, and responsibilities
shall have the same legal effect as if done by any of the
consolidating agencies or their divisions, officers, or
employees.
(b) Every officer of the Department shall, for any
offense, be subject to the same penalty or penalties, civil or
criminal, as are prescribed by existing law for the same
offense by any officer whose powers or duties were transferred
under this Act.
(c) Whenever reports or notices are now required to be
made or given or papers or documents furnished or served by any
person to or upon any of the consolidating agencies in
connection with any of the functions transferred by this Act,
the same shall be made, given, furnished, or served in the same
manner to or upon the Department.
(d) This Act shall not affect any act done, ratified, or
canceled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause regarding the functions of any of the
consolidating agencies before this Act takes effect; such
actions or proceedings may be prosecuted and continued by the
Department.

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(e) Any rules of the consolidating agencies that relate to
the functions, are in full force on the effective date of this
Act and that have been duly adopted by the consolidating
agencies shall become the rules of the Department. This Act
shall not affect the legality of any such rules in the Illinois
Administrative Code. Any proposed rules filed with the
Secretary of State by the consolidating agencies that are
pending in the rulemaking process on the effective date of
this Act and pertain to the functions transferred, shall be
deemed to have been filed by the Department. As soon as
practicable hereafter, the Department shall revise and clarify
the rules transferred to it under this Act to reflect the
reorganization of rights, powers, and duties affected by this
Act, using the procedures for recodification of rules
available under the Illinois Administrative Procedure Act,
except that existing title, part, and section numbering for
the affected rules may be retained. The Department, consistent
with the consolidating agencies' authority to do so, may
propose and adopt under the Illinois Administrative Procedure
Act such other rules of the consolidating agencies that will
now be administered by the Department. To the extent that,
prior to the effective date of the transfers, the director or
commissioner of a consolidating agency had been empowered to
prescribe regulations or had other rulemaking authority with
respect to transferred functions, such duties shall be
exercised from and after the effective date of the transfers

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by the director responsible for the oversight of those
respective functions.
(f) Any references to the Department of the Lottery, the
Illinois Racing Board, and the Illinois Gaming Board shall be
construed as references to the Department of Lottery and
Gaming.
Section 100. The Departments of State Government Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 5-15 and 5-20 as follows:
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.

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The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of Lottery and Gaming the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.

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Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.

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Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-372 rep.)
Section 102.The Departments of State Government Law of the
Civil Administrative Code of Illinois is amended by repealing
Section 5-372.
Section 105. The Illinois Lottery Law is amended by
changing Sections 3, 4, 5, 5.1, 7.1, 7.2, 7.3, 7.4, 7.5, 7.8,
7.8a, 7.11, 7.12, 7.15, 7.16, 8, 9, 9.1, 10, 10.1, 10.1a, 10.2,
10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 12, 13, 13.1, 14, 14.3,
14.4, 15, 19, 20.1, 21, 21.3, 21.5, 21.6, 21.7, 21.8, 21.9,
21.10, 21.11, 21.12, 21.13, 24, and 25 as follows:
(20 ILCS 1605/3) (from Ch. 120, par. 1153)

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Sec. 3. For the purposes of this Act:
a. "Lottery" or "State Lottery" means the lottery or
lotteries established and operated pursuant to this Act.
b. (Blank) "Board" means the Lottery Control Board created
by this Act.
c. "Department" means the Department of Lottery and Gaming
the Lottery.
d. (Blank).
e. (Blank) "Chairman" means the Chairman of the Lottery
Control Board.
f. "Multi-state game directors" means such persons,
including the Director, as may be designated by an agreement
between the Department and one or more additional lotteries
operated under the laws of another state or states.
g. "Division" means the Division of Lottery of the
Department of Lottery and Gaming (Blank).
h. "Director" means the Director of the Division of
Lottery of the Department of Lottery and Gaming Department of
the Lottery.
i. "Management agreement" means an agreement or contract
between the Department on behalf of the State with a private
manager, as an independent contractor, whereby the private
manager provides management services to the Lottery in
exchange for compensation that may consist of, among other
things, a fee for services and a performance-based bonus of no
more than 5% of Lottery profits so long as the Department

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continues to exercise actual control over all significant
business decisions made by the private manager as set forth in
Section 9.1.
j. "Person" means any individual, firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary,
corporation, or other legal entity, group, or combination.
k. "Private manager" means a person that provides
management services to the Lottery on behalf of the Department
under a management agreement.
l. "Profits" means total revenues accruing from the sale
of lottery tickets or shares and related proceeds minus (1)
the payment of prizes and retailer bonuses and (2) the payment
of costs incurred in the operation and administration of the
lottery, excluding costs of services directly rendered by a
private manager.
m. "Chief Procurement Officer" means the Chief Procurement
Officer provided for under paragraph (4) of subsection (a) of
Section 10-20 of the Illinois Procurement Code.
(Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/4) (from Ch. 120, par. 1154)
Sec. 4. The Division of Lottery Department of the Lottery
is established to implement and regulate the State Lottery in
the manner provided in this Act.
(Source: P.A. 97-464, eff. 10-15-11.)

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(20 ILCS 1605/5) (from Ch. 120, par. 1155)
Sec. 5. (a) The Department shall be under the supervision
and direction of a Director, who shall be appointed as
provided in the Department of Lottery and Gaming Act a person
qualified by training and experience to perform the duties
required by this Act. The Director shall be appointed by the
Governor, by and with the advice and consent of the Senate. The
term of office of the Director shall expire on the third Monday
of January in odd numbered years provided that he or she shall
hold office until a successor is appointed and qualified. For
terms ending before December 31, 2019, the annual salary of
the Director is $142,000. For terms beginning after the
effective date of this amendatory Act of the 100th General
Assembly, the annual salary of the Director shall be as
provided in Section 5-300 of the Civil Administrative Code of
Illinois.
Any vacancy occurring in the office of the Director shall
be filled in the same manner as the original appointment. In
case of a vacancy during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when the Governor shall nominate some person to
fill the office, and any person so nominated who is confirmed
by the Senate shall hold office during the remainder of the
term and until his or her successor is appointed and
qualified.
During the absence or inability to act of the Director, or

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in the case of a vacancy in the office of Director until a
successor is appointed and qualified, the Governor may
designate some person as Acting Director of the Lottery to
execute the powers and discharge the duties vested by law in
that office. A person who is designated as an Acting Director
shall not continue in office for more than 60 calendar days
unless the Governor files a message with the Secretary of the
Senate nominating that person to fill the office. After 60
calendar days, the office is considered vacant and shall be
filled only under this Section. No person who has been
appointed by the Governor to serve as Acting Director shall,
except at the Senate's request, be designated again as an
Acting Director at the same session of that Senate, subject to
the provisions of this Section. A person appointed as an
Acting Director is not required to meet the requirements of
paragraph (1) of subsection (b) of this Section. In no case may
the Governor designate a person to serve as Acting Director if
that person has prior to the effective date of this amendatory
Act of the 97th General Assembly exercised any of the duties
and functions of the office of Director without having been
nominated by the Governor to serve as Director.
(b) (Blank). The Director shall devote his or her entire
time and attention to the duties of the office and shall not be
engaged in any other profession or occupation.
The Director shall:
(1) be qualified by training and experience to direct

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a lottery, including, at a minimum, 5 years of senior
executive-level experience in the successful advertising,
marketing, and selling of consumer products, 4 years of
successful experience directing a lottery on behalf of a
governmental entity, or 5 years of successful senior-level
management experience at a lottery on behalf of a
governmental entity;
(2) have significant and meaningful management and
regulatory experience; and
(3) have a good reputation, particularly as a person
of honesty, independence, and integrity.
The Director shall not during his or her term of
appointment: become a candidate for any elective office; hold
any other elected or appointed public office; be actively
involved in the affairs of any political party or political
organization; advocate for the appointment of another person
to an appointed or elected office or position; or actively
participate in any campaign for any elective office. The
Director may be appointed to serve on a governmental advisory
or board study commission or as otherwise expressly authorized
by law.
(c) (Blank). No person shall perform the duties and
functions of the Director, or otherwise exercise the authority
of the Director, unless the same shall have been appointed by
the Governor pursuant to this Section.
(Source: P.A. 100-1179, eff. 1-18-19.)

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(20 ILCS 1605/5.1)
Sec. 5.1. E.J. "Zeke" Giorgi Lottery Building. The
building occupied by the Division Department from time to time
as its main office in Springfield shall be known as the E.J.
"Zeke" Giorgi Lottery Building.
(Source: P.A. 88-676, eff. 12-14-94.)
(20 ILCS 1605/7.1) (from Ch. 120, par. 1157.1)
Sec. 7.1. The Division Department shall promulgate such
rules and regulations governing the establishment and
operation of a State lottery as it deems necessary to carry out
the purposes of this Act. Such rules and regulations shall be
subject to the provisions of The Illinois Administrative
Procedure Act. The Division Department shall issue written
game rules, play instructions, directives, operations manuals,
brochures, or any other publications necessary to conduct
specific games, as authorized by rule by the Division
Department. Any written game rules, play instructions,
directives, operations manuals, brochures, or other game
publications issued by the Division Department that relate to
a specific lottery game shall be maintained as a public record
in the Division's Department's principal office, and made
available for public inspection and copying but shall be
exempt from the rulemaking procedures of the Illinois
Administrative Procedure Act. However, when such written

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materials contain any policy of general applicability, the
Division Department shall formulate and adopt such policy as a
rule in accordance with the provisions of the Illinois
Administrative Procedure Act. In addition, the Division
Department shall publish each January in the Illinois Register
a list of all game-specific rules, play instructions,
directives, operations manuals, brochures, or other
game-specific publications issued by the Division Department
during the previous year and instructions concerning how the
public may obtain copies of these materials from the Division
Department.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
Sec. 7.2. The rules and regulations of the Division
Department may include, but shall not be limited to, the
following:
(1) The types of lotteries to be conducted;
(2) The price, or prices, of tickets or shares in the
lottery;
(3) The numbers and sizes of the prizes on the winning
tickets or shares;
(4) The manner of selecting the winning tickets or
shares;
(5) The manner of payment of prizes to the holders of
winning tickets or shares;

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(6) The frequency of the drawing or selections of
winning tickets or shares, without limitation;
(7) Without limit to number, the type or types of
locations at which tickets or shares may be sold;
(8) The method to be used in selling tickets or
shares;
(9) The manner and amount of compensation, if any, to
be paid licensed sales agents necessary to provide for the
adequate availability of tickets or shares to prospective
buyers and for the convenience of the public;
(10) The apportionment of the total revenues accruing
from the sale of lottery tickets or shares and from all
other sources among (i) the payment of prizes to the
holders of winning tickets or shares, (ii) the payment of
costs incurred in the operation and administration of the
lottery, including the expenses of the Division Department
and the costs resulting from any contract or contracts
entered into for promotional, advertising or operational
services or for the purchase or lease of lottery equipment
and materials, and (iii) for monthly transfers to the
Common School Fund. The net revenues accruing from the
sale of lottery tickets shall be determined by deducting
from total revenues the payments required by paragraphs
(i) and (ii) of this subsection.
(11) Such other matters necessary or desirable for the
efficient and economical operation and administration of

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the lottery and for the convenience of the purchasers of
tickets or shares and the holders of winning tickets or
shares.
(Source: P.A. 99-933, eff. 1-27-17.)
(20 ILCS 1605/7.3) (from Ch. 120, par. 1157.3)
Sec. 7.3. The Division Board shall designate Hearing
Officers who shall conduct hearings upon complaints charging
violations of this Act or of regulations thereunder, and such
other hearings as may be provided by Division Department rule.
The Director or his or her designee Board may hear appeals from
the recommended decisions of its Hearing Officers in
accordance with procedures established by Division Department
rule. Whenever the Division Department issues a Notice of
Assessment under Section 21 of this Act, the lottery sales
agent may protest such Notice by filing a request for hearing
within 20 days of the date of such Notice.
(Source: P.A. 85-1224; 86-1475.)
(20 ILCS 1605/7.4) (from Ch. 120, par. 1157.4)
Sec. 7.4. The Division Department shall carry on a
continuous study and investigation of the lottery throughout
the State (1) for the purpose of ascertaining any defects in
this Act or in the rules and regulations issued under this Act
whereby any abuses in the administration and operation of the
lottery or any evasion of this Act or the rules and regulations

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may arise or be practiced, (2) for the purpose of formulating
recommendations for changes in this Act and the rules and
regulations promulgated hereunder to prevent such abuses and
evasions, (3) to guard against the use of this Act and the
rules and regulations issued hereunder as a cloak for the
carrying on of organized gambling and crime, and (4) to insure
that the law and rules and regulations shall be in such form
and be so administered as to serve the true purposes of this
Act.
(Source: P.A. 84-1128.)
(20 ILCS 1605/7.5) (from Ch. 120, par. 1157.5)
Sec. 7.5. The Division Board shall report to the Governor,
the Attorney General, the Speaker of the House, the President
of the Senate, the minority leaders of both houses, and such
other State officers as from time to time it deems
appropriate, any matters which it deems to require an
immediate change in the laws of this State in order to prevent
abuses and evasions of this Act or rules and regulations
promulgated thereunder or to rectify undesirable conditions in
connection with the administration or operation of the
lottery.
(Source: P.A. 84-1128.)
(20 ILCS 1605/7.8) (from Ch. 120, par. 1157.8)
Sec. 7.8. The Division Department shall make an annual

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report regarding the work of the Division Board to the
Governor, the Speaker of the House, the President of the
Senate, and the minority leaders of both houses, such report
to be a public report.
(Source: P.A. 84-1128.)
(20 ILCS 1605/7.8a) (from Ch. 120, par. 1157.8a)
Sec. 7.8a. The Division Board shall establish advertising
policy to ensure that advertising content and practices do not
target with the intent to exploit specific groups or economic
classes of people, and that its content is accurate and not
misleading. The Division Boardd shall review, at least
quarterly, all past advertising for major media campaigns to
ensure that they do not target with the intent to exploit
specific groups or economic classes of people, and that their
content is accurate and not misleading. If the Division Board
finds that advertising conflicts with such policy, it shall
have the authority to direct the Division Departmentto cease
that advertising. The Director or his or her designee shall
provide a briefing on proposed major media campaigns at any
regularly scheduled meeting upon written request from any
Board member. Such written request must be received by the
Director at least 10 days prior to the regularly scheduled
meeting.
(Source: P.A. 98-499, eff. 8-16-13.)

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(20 ILCS 1605/7.11) (from Ch. 120, par. 1157.11)
Sec. 7.11. The Division Department may establish and
collect nominal charges for promotional products ("premiums")
and other promotional materials produced or acquired by the
Division Department as part of its advertising and promotion
activities. Such premiums or other promotional materials may
be sold to individuals, government agencies and not-for-profit
organizations, but not to for-profit enterprises for the
purpose of resale. Other State agencies shall be charged no
more than the cost to the Division Department of the premium or
promotional material. All proceeds from the sale of premiums
or promotional materials shall be deposited in the State
Lottery Fund in the State Treasury.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/7.12)
(Section scheduled to be repealed on July 1, 2022)
Sec. 7.12. Internet program.
(a) The General Assembly finds that:
(1) the consumer market in Illinois has changed since
the creation of the Illinois State Lottery in 1974;
(2) the Internet has become an integral part of
everyday life for a significant number of Illinois
residents not only in regards to their professional life,
but also in regards to personal business and
communication; and

SB2254 - 24 - LRB102 15486 SMS 20849 b
(3) the current practices of selling lottery tickets
does not appeal to the new form of market participants who
prefer to make purchases on the Internet at their own
convenience.
It is the intent of the General Assembly to create an
Internet program for the sale of lottery tickets to capture
this new form of market participant.
(b) The Division Department shall create a program that
allows an individual 18 years of age or older to purchase
lottery tickets or shares on the Internet without using a
Lottery retailer with on-line status, as those terms are
defined by rule. The Division Department shall restrict the
sale of lottery tickets on the Internet to transactions
initiated and received or otherwise made exclusively within
the State of Illinois. The Division Department shall adopt
rules necessary for the administration of this program. These
rules shall include, among other things, requirements for
marketing of the Lottery to infrequent players, as well as
limitations on the purchases that may be made through any one
individual's lottery account. The provisions of this Act and
the rules adopted under this Act shall apply to the sale of
lottery tickets or shares under this program.
The Division Department is obligated to implement the
program set forth in this Section and Sections 7.15 and 7.16.
The Division Department may offer Lotto, Lucky Day Lotto, Mega
Millions, Powerball, Pick 3, Pick 4, and other draw games that

SB2254 - 25 - LRB102 15486 SMS 20849 b
are offered at retail locations through the Internet program.
The private manager shall obtain the Director's approval
before providing any draw games. Any draw game tickets that
are approved for sale by lottery licensees are automatically
approved for sale through the Internet program. The Division
Department shall maintain responsible gaming controls in its
policies.
The Division Department shall authorize the private
manager to implement and administer the program pursuant to
the management agreement entered into under Section 9.1 and in
a manner consistent with the provisions of this Section. If a
private manager has not been selected pursuant to Section 9.1
at the time the Division Department is obligated to implement
the program, then the Division Department shall not proceed
with the program until after the selection of the private
manager, at which time the Division Department shall authorize
the private manager to implement and administer the program
pursuant to the management agreement entered into under
Section 9.1 and in a manner consistent with the provisions of
this Section.
Nothing in this Section shall be construed as prohibiting
the Division Department from implementing and operating a
website portal whereby individuals who are 18 years of age or
older with an Illinois mailing address may apply to purchase
lottery tickets via subscription. Nothing in this Section
shall also be construed as prohibiting the Lottery draw game

SB2254 - 26 - LRB102 15486 SMS 20849 b
tickets authorized for sale through the Internet program under
this Section from also continuing to be sold at retail
locations by a lottery licensee pursuant to the Division's
Department's rules.
(c) (Blank).
(d) This Section is repealed on July 1, 2022.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-35, eff. 6-28-19.)
(20 ILCS 1605/7.15)
Sec. 7.15. Verification for Internet program; security for
Internet lottery accounts. The Division Department must
establish a procedure to verify that an individual is 18 years
of age or older and that the sale of lottery tickets on the
Internet is limited to transactions that are initiated and
received or otherwise made exclusively within the State of
Illinois, unless the federal Department of Justice indicates
that it is legal for the transactions to originate in states
other than Illinois. An individual must satisfy the
verification procedure before he or she may establish one
Internet lottery account and purchase lottery tickets or
shares through the Internet pilot program. By rule, the
Division Department shall establish funding procedures for
Internet lottery accounts and shall provide a mechanism to
prevent the unauthorized use of Internet lottery accounts. If
any participant in the pilot program violates any provisions

SB2254 - 27 - LRB102 15486 SMS 20849 b
of this amendatory Act of the 96th General Assembly or rule
established by the Division Department, the participant's
winnings shall be forfeited. Such forfeited winnings shall be
deposited in the Common School Fund.
(Source: P.A. 96-34, eff. 7-13-09; 96-840, eff. 12-23-09.)
(20 ILCS 1605/7.16)
Sec. 7.16. Voluntary self-exclusion program for Internet
lottery sales. Any resident, or non-resident if allowed to
participate in the pilot program, may voluntarily prohibit
themselves from establishing an Internet lottery account. The
Division Department shall incorporate the voluntary
self-exclusion program for Internet lottery accounts into any
existing self-exclusion program that it operates on the
effective date of this amendatory Act of the 96th General
Assembly.
(Source: P.A. 96-34, eff. 7-13-09.)
(20 ILCS 1605/8) (from Ch. 120, par. 1158)
Sec. 8. In connection with any hearing held pursuant to
Section 7.3 of this Act, the Director or his or her designee
Board, or any Hearing Officer appointed by the Director Board,
may subpoena and compel the appearance of witnesses and
production of documents, papers, books, records and other
evidence before it in any matter over which it has
jurisdiction, control or supervision. The Director or his or

SB2254 - 28 - LRB102 15486 SMS 20849 b
her designee Board, or any appointed Hearing Officer, shall
have the power to administer oaths and affirmations to persons
whose testimony is required. If a person subpoenaed to attend
in any such proceeding or hearing fails to obey the command of
the subpoena without reasonable cause, or if a person in
attendance in any such proceeding or hearing refuses, without
lawful cause, to be examined or to answer a legal or pertinent
question or to exhibit any books, account, record or other
document when ordered so to do by the Director or any Board or
its Hearing Officer, the Director Board or Hearing Officer may
apply to the circuit court, upon proof by affidavit of the
facts, for an order returnable in not less than 2 nor more than
10 days, or as the court may prescribe, directing such person
to show cause before the court why he or she should not comply
with such subpoena or such order.
Upon return of the order, the court shall examine such
person under oath, and if the court determines, after giving
such person an opportunity to be heard, that he or she refused
without legal excuse to comply with such subpoena or such
order of the Director Board or Hearing Officer, the court may
order such person to comply therewith immediately and any
failure to obey the order of the court may be punished as a
contempt of court.
All subpoenas and subpoenas duces tecum issued under the
provisions of this Act may be served by any person of lawful
age. The fees of witnesses for attendance and travel shall be

SB2254 - 29 - LRB102 15486 SMS 20849 b
the same as the fees of witnesses before the circuit courts of
this State. When the witness is subpoenaed at the instance of
the Division Department or any officer or employee thereof,
such fees shall be paid in the same manner as other expenses of
the Division Department. When the witness is subpoenaed at the
instance of any other party to any such proceeding, the
Division Department may require that the cost of service of
the subpoena or subpoena duces tecum and the fee of the witness
be borne by the party at whose instance the witness is
summoned. In such case, and on motion of the Division
Department, the Director or any Board or its Hearing Officer
may require a deposit to cover the cost of such service and
witness fees.
The Division Department, or any officer or employee
thereof, or any other party to a hearing before the Director or
any Board or its Hearing Officers, may cause the depositions
of witnesses within the State to be taken in the manner
prescribed by law for like depositions in civil actions in
courts of this State, and to that end compel the attendance of
witnesses and the production of books, papers, records or
memoranda.
(Source: P.A. 85-1224.)
(20 ILCS 1605/9) (from Ch. 120, par. 1159)
Sec. 9. The Director, as administrative head of the
Division Department, shall direct and supervise all its

SB2254 - 30 - LRB102 15486 SMS 20849 b
administrative and technical activities. In addition to the
duties imposed upon him elsewhere in this Act, it shall be the
Director's duty:
a. To supervise and administer the operation of the
lottery in accordance with the provisions of this Act or
such rules and regulations of the Department adopted
thereunder.
b. (Blank) To attend meetings of the Board or to
appoint a designee to attend in his stead.
c. To employ and direct such personnel in accord with
the Personnel Code, as may be necessary to carry out the
purposes of this Act. In addition, the Director may by
agreement secure such services as he or she may deem
necessary from any other department, agency, or unit of
the State government, and may employ and compensate such
consultants and technical assistants as may be required
and is otherwise permitted by law.
d. To license, in accordance with the provisions of
Sections 10 and 10.1 of this Act and the rules and
regulations of the Division Department adopted thereunder,
as agents to sell lottery tickets such persons as in his
opinion will best serve the public convenience and promote
the sale of tickets or shares. The Director may require a
bond from every licensed agent, in such amount as provided
in the rules and regulations of the Division Department.
Every licensed agent shall prominently display his

SB2254 - 31 - LRB102 15486 SMS 20849 b
license, or a copy thereof, as provided in the rules and
regulations of the Division Department.
e. To suspend or revoke any license issued pursuant to
this Act or the rules and regulations promulgated by the
Division Department thereunder.
f. (Blank) To confer regularly as necessary or
desirable and not less than once every month with the
Lottery Control Board on the operation and administration
of the Lottery; to make available for inspection by the
Board or any member of the Board, upon request, all books,
records, files, and other information and documents of his
office; to advise the Board and recommend such rules and
regulations and such other matters as he deems necessary
and advisable to improve the operation and administration
of the lottery.
g. To enter into contracts for the operation of the
lottery, or any part thereof, and into contracts for the
promotion of the lottery on behalf of the Division
Department with any person, firm or corporation, to
perform any of the functions provided for in this Act or
the rules and regulations promulgated thereunder. The
Division Department shall not expend State funds on a
contractual basis for such functions unless those
functions and expenditures are expressly authorized by the
General Assembly.
h. To enter into an agreement or agreements with the

SB2254 - 32 - LRB102 15486 SMS 20849 b
management of state lotteries operated pursuant to the
laws of other states for the purpose of creating and
operating a multi-state lottery game wherein a separate
and distinct prize pool would be combined to award larger
prizes to the public than could be offered by the several
state lotteries, individually. No tickets or shares
offered in connection with a multi-state lottery game
shall be sold within the State of Illinois, except those
offered by and through the Division Department. No such
agreement shall purport to pledge the full faith and
credit of the State of Illinois, nor shall the Division
Department expend State funds on a contractual basis in
connection with any such game unless such expenditures are
expressly authorized by the General Assembly, provided,
however, that in the event of error or omission by the
Illinois State Lottery in the conduct of the game, as
determined by the multi-state game directors, the Division
Department shall be authorized to pay a prize winner or
winners the lesser of a disputed prize or $1,000,000, any
such payment to be made solely from funds appropriated for
game prize purposes. The Division Department shall be
authorized to share in the ordinary operating expenses of
any such multi-state lottery game, from funds appropriated
by the General Assembly, and in the event the multi-state
game control offices are physically located within the
State of Illinois, the Division Department is authorized

SB2254 - 33 - LRB102 15486 SMS 20849 b
to advance start-up operating costs not to exceed
$150,000, subject to proportionate reimbursement of such
costs by the other participating state lotteries. The
Division Department shall be authorized to share
proportionately in the costs of establishing a liability
reserve fund from funds appropriated by the General
Assembly. The Division Department is authorized to
transfer prize award funds attributable to Illinois sales
of multi-state lottery game tickets to the multi-state
control office, or its designated depository, for deposit
to such game pool account or accounts as may be
established by the multi-state game directors, the records
of which account or accounts shall be available at all
times for inspection in an audit by the Auditor General of
Illinois and any other auditors pursuant to the laws of
the State of Illinois. No multi-state game prize awarded
to a nonresident of Illinois, with respect to a ticket or
share purchased in a state other than the State of
Illinois, shall be deemed to be a prize awarded under this
Act for the purpose of taxation under the Illinois Income
Tax Act. The Division Department shall promulgate such
rules as may be appropriate to implement the provisions of
this Section.
i. To make a continuous study and investigation of (1)
the operation and the administration of similar laws which
may be in effect in other states or countries, (2) any

SB2254 - 34 - LRB102 15486 SMS 20849 b
literature on the subject which from time to time may be
published or available, (3) any Federal laws which may
affect the operation of the lottery, and (4) the reaction
of Illinois citizens to existing and potential features of
the lottery with a view to recommending or effecting
changes that will tend to serve the purposes of this Act.
j. To report monthly to the State Treasurer and the
Lottery Control Board a full and complete statement of
lottery revenues, prize disbursements and other expenses
for each month and the amounts to be transferred to the
Common School Fund pursuant to Section 7.2, and to make an
annual report, which shall include a full and complete
statement of lottery revenues, prize disbursements and
other expenses, to the Governor and the Board. All reports
required by this subsection shall be public and copies of
all such reports shall be sent to the Speaker of the House,
the President of the Senate, and the minority leaders of
both houses.
k. To keep the name and municipality of residence of
the prize winner of a prize of $250,000 or greater
confidential upon the prize winner making a written
request that his or her name and municipality of residence
be kept confidential. The prize winner must submit his or
her written request at the time of claiming the prize. The
written request shall be in the form established by the
Division Department. Nothing in this paragraph k

SB2254 - 35 - LRB102 15486 SMS 20849 b
supersedes the Division's Department's duty to disclose
the name and municipality of residence of a prize winner
of a prize of $250,000 or greater pursuant to the Freedom
of Information Act.
(Source: P.A. 99-933, eff. 1-27-17; 100-1068, eff. 8-24-18.)
(20 ILCS 1605/9.1)
Sec. 9.1. Private manager and management agreement.
(a) As used in this Section:
"Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
"Request for qualifications" means all materials and
documents prepared by the Division Department to solicit the
following from offerors:
(1) Statements of qualifications.
(2) Proposals to enter into a management agreement,
including the identity of any prospective vendor or
vendors that the offeror intends to initially engage to
assist the offeror in performing its obligations under the
management agreement.
"Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.

SB2254 - 36 - LRB102 15486 SMS 20849 b
"Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
(b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
(c) Pursuant to the terms of this subsection, the Division
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on July
13, 2009 (the effective date of Public Act 96-37) this
amendatory Act of the 96th General Assembly in connection with
the selection of the private manager. As part of its
obligation to terminate these contracts and select the private
manager, the Division Department shall establish a mutually
agreeable timetable to transfer the functions of existing
contractors to the private manager so that existing Lottery
operations are not materially diminished or impaired during
the transition. To that end, the Division Department shall do
the following:
(1) where such contracts contain a provision
authorizing termination upon notice, the Division
Department shall provide notice of termination to occur
upon the mutually agreed timetable for transfer of
functions;

SB2254 - 37 - LRB102 15486 SMS 20849 b
(2) upon the expiration of any initial term or renewal
term of the current Lottery contracts, the Division
Department shall not renew such contract for a term
extending beyond the mutually agreed timetable for
transfer of functions; or
(3) in the event any current contract provides for
termination of that contract upon the implementation of a
contract with the private manager, the Division Department
shall perform all necessary actions to terminate the
contract on the date that coincides with the mutually
agreed timetable for transfer of functions.
If the contracts to support the current operation of the
Lottery in effect on July 13, 2009 (the effective date of
Public Act 96-34) this amendatory Act of the 96th General
Assembly are not subject to termination as provided for in
this subsection (c), then the Division Department may include
a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
(c-5) The Division Department shall include provisions in
the management agreement whereby the private manager shall,
for a fee, and pursuant to a contract negotiated with the
Division Department (the "Employee Use Contract"), utilize the
services of current Division Department employees to assist in
the administration and operation of the Lottery. The Division
Department shall be the employer of all such bargaining unit
employees assigned to perform such work for the private

SB2254 - 38 - LRB102 15486 SMS 20849 b
manager, and such employees shall be State employees, as
defined by the Personnel Code. Division Department employees
shall operate under the same employment policies, rules,
regulations, and procedures, as other employees of the
Division Department. In addition, neither historical
representation rights under the Illinois Public Labor
Relations Act, nor existing collective bargaining agreements,
shall be disturbed by the management agreement with the
private manager for the management of the Lottery.
(d) The management agreement with the private manager
shall include all of the following:
(1) A term not to exceed 10 years, including any
renewals.
(2) A provision specifying that the Division
Department:
(A) shall exercise actual control over all
significant business decisions;
(A-5) has the authority to direct or countermand
operating decisions by the private manager at any
time;
(B) has ready access at any time to information
regarding Lottery operations;
(C) has the right to demand and receive
information from the private manager concerning any
aspect of the Lottery operations at any time; and
(D) retains ownership of all trade names,

SB2254 - 39 - LRB102 15486 SMS 20849 b
trademarks, and intellectual property associated with
the Lottery.
(3) A provision imposing an affirmative duty on the
private manager to provide the Division Department with
material information and with any information the private
manager reasonably believes the Division Department would
want to know to enable the Division Department to conduct
the Lottery.
(4) A provision requiring the private manager to
provide the Division Department with advance notice of any
operating decision that bears significantly on the public
interest, including, but not limited to, decisions on the
kinds of games to be offered to the public and decisions
affecting the relative risk and reward of the games being
offered, so the Division Department has a reasonable
opportunity to evaluate and countermand that decision.
(5) A provision providing for compensation of the
private manager that may consist of, among other things, a
fee for services and a performance based bonus as
consideration for managing the Lottery, including terms
that may provide the private manager with an increase in
compensation if Lottery revenues grow by a specified
percentage in a given year.
(6) (Blank).
(7) A provision requiring the deposit of all Lottery
proceeds to be deposited into the State Lottery Fund

SB2254 - 40 - LRB102 15486 SMS 20849 b
except as otherwise provided in Section 20 of this Act.
(8) A provision requiring the private manager to
locate its principal office within the State.
(8-5) A provision encouraging that at least 20% of the
cost of contracts entered into for goods and services by
the private manager in connection with its management of
the Lottery, other than contracts with sales agents or
technical advisors, be awarded to businesses that are a
minority-owned business, a women-owned business, or a
business owned by a person with disability, as those terms
are defined in the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(9) A requirement that so long as the private manager
complies with all the conditions of the agreement under
the oversight of the Division Department, the private
manager shall have the following duties and obligations
with respect to the management of the Lottery:
(A) The right to use equipment and other assets
used in the operation of the Lottery.
(B) The rights and obligations under contracts
with retailers and vendors.
(C) The implementation of a comprehensive security
program by the private manager.
(D) The implementation of a comprehensive system
of internal audits.
(E) The implementation of a program by the private

SB2254 - 41 - LRB102 15486 SMS 20849 b
manager to curb compulsive gambling by persons playing
the Lottery.
(F) A system for determining (i) the type of
Lottery games, (ii) the method of selecting winning
tickets, (iii) the manner of payment of prizes to
holders of winning tickets, (iv) the frequency of
drawings of winning tickets, (v) the method to be used
in selling tickets, (vi) a system for verifying the
validity of tickets claimed to be winning tickets,
(vii) the basis upon which retailer commissions are
established by the manager, and (viii) minimum
payouts.
(10) A requirement that advertising and promotion must
be consistent with Section 7.8a of this Act.
(11) A requirement that the private manager market the
Lottery to those residents who are new, infrequent, or
lapsed players of the Lottery, especially those who are
most likely to make regular purchases on the Internet as
permitted by law.
(12) A code of ethics for the private manager's
officers and employees.
(13) A requirement that the Division Department
monitor and oversee the private manager's practices and
take action that the Division Department considers
appropriate to ensure that the private manager is in
compliance with the terms of the management agreement,

SB2254 - 42 - LRB102 15486 SMS 20849 b
while allowing the manager, unless specifically prohibited
by law or the management agreement, to negotiate and sign
its own contracts with vendors.
(14) A provision requiring the private manager to
periodically file, at least on an annual basis,
appropriate financial statements in a form and manner
acceptable to the Division Department.
(15) Cash reserves requirements.
(16) Procedural requirements for obtaining the prior
approval of the Division Department when a management
agreement or an interest in a management agreement is
sold, assigned, transferred, or pledged as collateral to
secure financing.
(17) Grounds for the termination of the management
agreement by the Division Department or the private
manager.
(18) Procedures for amendment of the agreement.
(19) A provision requiring the private manager to
engage in an open and competitive bidding process for any
procurement having a cost in excess of $50,000 that is not
a part of the private manager's final offer. The process
shall favor the selection of a vendor deemed to have
submitted a proposal that provides the Lottery with the
best overall value. The process shall not be subject to
the provisions of the Illinois Procurement Code, unless
specifically required by the management agreement.

SB2254 - 43 - LRB102 15486 SMS 20849 b
(20) The transition of rights and obligations,
including any associated equipment or other assets used in
the operation of the Lottery, from the manager to any
successor manager of the lottery, including the Division
Department, following the termination of or foreclosure
upon the management agreement.
(21) Right of use of copyrights, trademarks, and
service marks held by the Division Department in the name
of the State. The agreement must provide that any use of
them by the manager shall only be for the purpose of
fulfilling its obligations under the management agreement
during the term of the agreement.
(22) The disclosure of any information requested by
the Division Department to enable it to comply with the
reporting requirements and information requests provided
for under subsection (p) of this Section.
(e) Notwithstanding any other law to the contrary, the
Division Department shall select a private manager through a
competitive request for qualifications process consistent with
Section 20-35 of the Illinois Procurement Code, which shall
take into account:
(1) the offeror's ability to market the Lottery to
those residents who are new, infrequent, or lapsed players
of the Lottery, especially those who are most likely to
make regular purchases on the Internet;
(2) the offeror's ability to address the State's

SB2254 - 44 - LRB102 15486 SMS 20849 b
concern with the social effects of gambling on those who
can least afford to do so;
(3) the offeror's ability to provide the most
successful management of the Lottery for the benefit of
the people of the State based on current and past business
practices or plans of the offeror; and
(4) the offeror's poor or inadequate past performance
in servicing, equipping, operating or managing a lottery
on behalf of Illinois, another State or foreign government
and attracting persons who are not currently regular
players of a lottery.
(f) The Division Department may retain the services of an
advisor or advisors with significant experience in financial
services or the management, operation, and procurement of
goods, services, and equipment for a government-run lottery to
assist in the preparation of the terms of the request for
qualifications and selection of the private manager. Any
prospective advisor seeking to provide services under this
subsection (f) shall disclose any material business or
financial relationship during the past 3 years with any
potential offeror, or with a contractor or subcontractor
presently providing goods, services, or equipment to the
Division Department to support the Lottery. The Division
Department shall evaluate the material business or financial
relationship of each prospective advisor. The Division
Department shall not select any prospective advisor with a

SB2254 - 45 - LRB102 15486 SMS 20849 b
substantial business or financial relationship that the
Division Department deems to impair the objectivity of the
services to be provided by the prospective advisor. During the
course of the advisor's engagement by the Division Department,
and for a period of one year thereafter, the advisor shall not
enter into any business or financial relationship with any
offeror or any vendor identified to assist an offeror in
performing its obligations under the management agreement. Any
advisor retained by the Division Department shall be
disqualified from being an offeror. The Division Department
shall not include terms in the request for qualifications that
provide a material advantage whether directly or indirectly to
any potential offeror, or any contractor or subcontractor
presently providing goods, services, or equipment to the
Division Department to support the Lottery, including terms
contained in previous responses to requests for proposals or
qualifications submitted to Illinois, another State or foreign
government when those terms are uniquely associated with a
particular potential offeror, contractor, or subcontractor.
The request for proposals offered by the Division Department
on December 22, 2008 as "LOT08GAMESYS" and reference number
"22016176" is declared void.
(g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'

SB2254 - 46 - LRB102 15486 SMS 20849 b
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A brief description of the management agreement to
be awarded.
(4) The identity of the offerors that have been
selected as finalists to serve as the private manager.
(5) The address and telephone number of the
Department.
(h) At the public hearing, the Department shall (i)
provide sufficient time for each finalist to present and
explain its proposal to the Department and the Governor or the
Governor's designee, including an opportunity to respond to
questions posed by the Department, Governor, or designee and
(ii) allow the public and non-selected offerors to comment on
the presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin
on or before September 15, 2010. The Governor shall include in

SB2254 - 47 - LRB102 15486 SMS 20849 b
the notice a detailed explanation and the reasons why the
final offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
(i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
(j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
(k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Division
Department and leased to the private manager shall be owned by
the Division Department in the name of the State and shall be
considered to be public property devoted to an essential
public and governmental function.
(l) The Division Department may exercise any of its powers
under this Section or any other law as necessary or desirable
for the execution of the Division's Department's powers under
this Section.
(m) Neither this Section nor any management agreement

SB2254 - 48 - LRB102 15486 SMS 20849 b
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery. The forms of gambling authorized
by Public Act 101-31 this amendatory Act of the 101st General
Assembly constitute authorized forms of gambling that are not
in direct competition with the Lottery.
(n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Division Department in cooperation with the Auditor General to
determine whether the private manager has complied with this
Section and the management agreement. The private manager
shall bear the cost of an investigation or reinvestigation of
the private manager under this subsection.
(o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Division Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Division Department or any other officer,
Department, agency, or instrumentality of the State or any

SB2254 - 49 - LRB102 15486 SMS 20849 b
political subdivision is required for the Division Department
to enter into a management agreement under this Section. This
Section contains full and complete authority for the Division
Department to approve any contracts entered into by a private
manager with a vendor providing goods, services, or both goods
and services to the private manager under the terms of the
management agreement, including subcontractors of such
vendors.
Upon receipt of a written request from the Chief
Procurement Officer, the Division Department shall provide to
the Chief Procurement Officer a complete and un-redacted copy
of the management agreement or any contract that is subject to
the Division's Department's approval authority under this
subsection (o). The Division Department shall provide a copy
of the agreement or contract to the Chief Procurement Officer
in the time specified by the Chief Procurement Officer in his
or her written request, but no later than 5 business days after
the request is received by the Division Department. The Chief
Procurement Officer must retain any portions of the management
agreement or of any contract designated by the Division
Department as confidential, proprietary, or trade secret
information in complete confidence pursuant to subsection (g)
of Section 7 of the Freedom of Information Act. The Division
Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Division Department approval.

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Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Division Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
21.9, 21.10, 21.11, 21.12, and 21.13, the Division Department
shall distribute all proceeds of lottery tickets and shares
sold in the following priority and manner:
(1) The payment of prizes and retailer bonuses.
(2) The payment of costs incurred in the operation and
administration of the Lottery, including the payment of
sums due to the private manager under the management
agreement with the Division Department.

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(3) On the last day of each month or as soon thereafter
as possible, the State Comptroller shall direct and the
State Treasurer shall transfer from the State Lottery Fund
to the Common School Fund an amount that is equal to the
proceeds transferred in the corresponding month of fiscal
year 2009, as adjusted for inflation, to the Common School
Fund.
(4) On or before September 30 of each fiscal year,
deposit any estimated remaining proceeds from the prior
fiscal year, subject to payments under items (1), (2), and
(3), into the Capital Projects Fund. Beginning in fiscal
year 2019, the amount deposited shall be increased or
decreased each year by the amount the estimated payment
differs from the amount determined from each year-end
financial audit. Only remaining net deficits from prior
fiscal years may reduce the requirement to deposit these
funds, as determined by the annual financial audit.
(p) The Division Department shall be subject to the
following reporting and information request requirements:
(1) the Division Department shall submit written
quarterly reports to the Governor and the General Assembly
on the activities and actions of the private manager
selected under this Section;
(2) upon request of the Chief Procurement Officer, the
Division Department shall promptly produce information
related to the procurement activities of the Division

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Department and the private manager requested by the Chief
Procurement Officer; the Chief Procurement Officer must
retain confidential, proprietary, or trade secret
information designated by the Division Department in
complete confidence pursuant to subsection (g) of Section
7 of the Freedom of Information Act; and
(3) at least 30 days prior to the beginning of the
Division's Department's fiscal year, the Division
Department shall prepare an annual written report on the
activities of the private manager selected under this
Section and deliver that report to the Governor and
General Assembly.
(Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18;
100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff.
6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised
10-21-19.)
(20 ILCS 1605/10) (from Ch. 120, par. 1160)
Sec. 10. The Division Department, upon application
therefor on forms prescribed by the Division Department, and
upon a determination by the Division Department that the
applicant meets all of the qualifications specified in this
Act, shall issue a license as an agent to sell lottery tickets
or shares. No license as an agent to sell lottery tickets or
shares shall be issued to any person to engage in business
exclusively as a lottery sales agent.

SB2254 - 53 - LRB102 15486 SMS 20849 b
Before issuing such license the Director shall consider
(a) the financial responsibility and security of the person
and his business or activity, (b) the accessibility of his
place of business or activity to the public, (c) the
sufficiency of existing licenses to serve the public
convenience, (d) the volume of expected sales, and (e) such
other factors as he or she may deem appropriate.
Until September 1, 1987, the provisions of Sections 2a, 4,
5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9,
10, 12 and 13.5 of the Retailers' Occupation Tax Act which are
not inconsistent with this Act shall apply to the subject
matter of this Act to the same extent as if such provisions
were included in this Act. For purposes of this Act,
references in such incorporated Sections of the Retailers'
Occupation Tax Act to retailers, sellers or persons engaged in
the business of selling tangible personal property mean
persons engaged in selling lottery tickets or shares;
references in such incorporated Sections to sales of tangible
personal property mean the selling of lottery tickets or
shares; and references in such incorporated Sections to
certificates of registration mean licenses issued under this
Act. The provisions of the Retailers' Occupation Tax Act as
heretofore applied to the subject matter of this Act shall not
apply with respect to tickets sold by or delivered to lottery
sales agents on and after September 1, 1987, but such
provisions shall continue to apply with respect to

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transactions involving the sale and delivery of tickets prior
to September 1, 1987.
All licenses issued by the Division Department under this
Act shall be valid for a period not to exceed 2 years after
issuance unless sooner revoked, canceled or suspended as in
this Act provided. No license issued under this Act shall be
transferable or assignable. Such license shall be
conspicuously displayed in the place of business conducted by
the licensee in Illinois where lottery tickets or shares are
to be sold under such license.
For purposes of this Section, the term "person" shall be
construed to mean and include an individual, association,
partnership, corporation, club, trust, estate, society,
company, joint stock company, receiver, trustee, referee, any
other person acting in a fiduciary or representative capacity
who is appointed by a court, or any combination of
individuals. "Person" includes any department, commission,
agency or instrumentality of the State, including any county,
city, village, or township and any agency or instrumentality
thereof.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
Sec. 10.1. The following are ineligible for any license
under this Act:
(a) any person who has been convicted of a felony;

SB2254 - 55 - LRB102 15486 SMS 20849 b
(b) any person who is or has been a professional
gambler or gambling promoter;
(c) any person who has engaged in bookmaking or other
forms of illegal gambling;
(d) any person who is not of good character and
reputation in the community in which he resides;
(e) any person who has been found guilty of any fraud
or misrepresentation in any connection;
(f) any firm or corporation in which a person defined
in (a), (b), (c), (d) or (e) has a proprietary, equitable
or credit interest of 5% or more.
(g) any organization in which a person defined in (a),
(b), (c), (d) or (e) is an officer, director, or managing
agent, whether compensated or not;
(h) any organization in which a person defined in (a),
(b), (c), (d), or (e) is to participate in the management
or sales of lottery tickets or shares.
However, with respect to persons defined in (a), the
Division Department may grant any such person a license under
this Act when:
1) at least 10 years have elapsed since the date when
the sentence for the most recent such conviction was
satisfactorily completed;
2) the applicant has no history of criminal activity
subsequent to such conviction;
3) the applicant has complied with all conditions of

SB2254 - 56 - LRB102 15486 SMS 20849 b
probation, conditional discharge, supervision, parole or
mandatory supervised release; and
4) the applicant presents at least 3 letters of
recommendation from responsible citizens in his community
who personally can attest that the character and attitude
of the applicant indicate that he is unlikely to commit
another crime.
The Division Department may revoke, without notice or a
hearing, the license of any agent who violates this Act or any
rule or regulation promulgated pursuant to this Act. However,
if the Division Department does revoke a license without
notice and an opportunity for a hearing, the Division
Department shall, by appropriate notice, afford the person
whose license has been revoked an opportunity for a hearing
within 30 days after the revocation order has been issued. As a
result of any such hearing, the Division Department may
confirm its action in revoking the license, or it may order the
restoration of such license.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.1a) (from Ch. 120, par. 1160.1a)
Sec. 10.1a. In addition to other grounds specified in this
Act, the Division Department shall refuse to issue and shall
suspend the license of any lottery sales agency who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of tax, penalty

SB2254 - 57 - LRB102 15486 SMS 20849 b
or interest, as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied, unless the agency is
contesting, in accordance with the procedures established by
the appropriate revenue Act, its liability for the tax or the
amount of tax. The Division Department shall affirmatively
verify the tax status of every sales agency before issuing or
renewing a license. For purposes of this Section, a sales
agency shall not be considered delinquent in the payment of a
tax if the agency (a) has entered into an agreement with the
Department of Revenue for the payment of all such taxes that
are due and (b) is in compliance with the agreement.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.2) (from Ch. 120, par. 1160.2)
Sec. 10.2. Application and other fees. Each application
for a new lottery license must be accompanied by a one-time
application fee of $50; the Division Department, however, may
waive the fee for licenses of limited duration as provided by
Division Department rule. Each application for renewal of a
lottery license must be accompanied by a renewal fee of $25.
Each lottery licensee granted on-line status pursuant to the
Division's Department's rules must pay a fee of $10 per week as
partial reimbursement for telecommunications charges incurred
by the Division Department in providing access to the
lottery's on-line gaming system. The Division Department, by

SB2254 - 58 - LRB102 15486 SMS 20849 b
rule, may increase or decrease the amount of these fees.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.3) (from Ch. 120, par. 1160.3)
Sec. 10.3. All proceeds from the sale of lottery tickets
or shares received by a person in the capacity of a sales agent
shall constitute a trust fund until paid to the Division
Department either directly, or through the Division's
Department's authorized collection representative. Proceeds
shall include unsold instant tickets received by a sales agent
and cash proceeds of sale of any lottery products, net of
allowable sales commissions and credit for lottery prizes paid
to winners by sales agents. Sales proceeds and unsold instant
tickets shall be delivered to the Division Department or its
authorized collection representative upon demand. Sales agents
shall be personally liable for all proceeds which shall be
kept separate and apart from all other funds and assets and
shall not be commingled with any other funds or assets. In the
case of a sales agent who is not an individual, personal
liability shall attach to the owners and officers of the sales
agent. The Division Department shall have a right to file a
lien upon all real and personal property of any person who is
personally liable under this Section for any unpaid proceeds,
which were to be segregated as a trust fund under this Section,
at any time after such payment was to have been made. Such lien
shall include any interest and penalty provided for by this

SB2254 - 59 - LRB102 15486 SMS 20849 b
Act and shall be deemed equivalent to, and have the same effect
as, the State tax lien under the Retailers' Occupation Tax
Act. The term "person" as used in this Section, and in Section
10.4 of this Act, shall have the same meaning as provided in
Section 10 of this Act. This Section, and Sections 10.4 and
10.5 of this Act shall apply with respect to all lottery
tickets or shares generated by computer terminal, other
electronic device, and any other tickets delivered to sales
agents on and after September 1, 1987.
(Source: P.A. 86-905.)
(20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
Sec. 10.4. Every person who shall violate the provisions
of Section 10.3, or who does not segregate and keep separate
and apart from all other funds and assets, all proceeds from
the sale of lottery tickets received by a person in the
capacity of a sales agent, shall upon conviction thereof be
guilty of a Class 4 felony. The provisions of this Section
shall be enforced by the Illinois Department of State Police
and prosecuted by the Attorney General.
(Source: P.A. 85-183; 86-1475.)
(20 ILCS 1605/10.5) (from Ch. 120, par. 1160.5)
Sec. 10.5. Whenever any person who receives proceeds from
the sale of lottery tickets in the capacity of sales agent
becomes insolvent, or dies insolvent, the proceeds due the

SB2254 - 60 - LRB102 15486 SMS 20849 b
Division Department from such person or his estate shall have
preference over all debts or demands, except as follows:
(a) Amounts due for necessary funeral expenses;
(b) Amounts due for medical care and medicine during his
most recent illness preceding death;
(c) Debts due to the United States;
(d) Debts due to the State of Illinois and all State and
local taxes; and
(e) Wages for labor performed within the 6 months
immediately preceding the death of such deceased person, not
exceeding $1,000 due to another person and provided further
that such proceeds shall be nondischargeable in insolvency
proceedings instituted pursuant to Chapter 7, Chapter 11, or
Chapter 13 of the Federal Bankruptcy Act.
(Source: P.A. 85-183.)
(20 ILCS 1605/10.6) (from Ch. 120, par. 1160.6)
Sec. 10.6. The Division Department shall make an effort to
more directly inform players of the odds of winning prizes.
This effort shall include, at a minimum, that the Division
Department require all ticket agents to display a placard
stating the odds of winning for each game offered by that
agent.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.7)

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Sec. 10.7. Compulsive gambling.
(a) Each lottery sales agent shall post a statement
regarding obtaining assistance with gambling problems and
including a toll-free "800" telephone number providing crisis
counseling and referral services to families experiencing
difficulty as a result of problem or compulsive gambling. The
text of the statement shall be determined by rule by the
Department of Human Services, shall be no more than one
sentence in length, and shall be posted on the placard
required under Section 10.6. The signs shall be provided by
the Department of Human Services.
(b) The Division Department shall print a statement
regarding obtaining assistance with gambling problems, the
text of which shall be determined by rule by the Department of
Human Services, on all paper stock it provides to the general
public.
(c) The Division Department shall print a statement of no
more than one sentence in length regarding obtaining
assistance with gambling problems and including a toll-free
"800" number providing crisis counseling and referral services
to families experiencing difficulty as a result of problem or
compulsive gambling on the back of all lottery tickets.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.8)
Sec. 10.8. Specialty retailers license.

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(a) "Veterans service organization" means an organization
that:
(1) is formed by and for United States military
veterans;
(2) is chartered by the United States Congress and
incorporated in the State of Illinois;
(3) maintains a state headquarters office in the State
of Illinois; and
(4) is not funded by the State of Illinois or by any
county in this State.
(b) The Division Department shall establish a special
classification of retailer license to facilitate the
year-round sale of the instant scratch-off lottery game
established by the General Assembly in Section 21.6. The fees
set forth in Section 10.2 do not apply to a specialty retailer
license.
The holder of a specialty retailer license (i) shall be a
veterans service organization, (ii) may sell only specialty
lottery tickets established for the benefit of the Illinois
Veterans Assistance Fund in the State treasury, (iii) is
required to purchase those tickets up front at face value from
the Illinois Lottery, and (iv) must sell those tickets at face
value. Specialty retailers may obtain a refund from the
Division Department for any unsold specialty tickets that they
have purchased for resale, as set forth in the specialty
retailer agreement.

SB2254 - 63 - LRB102 15486 SMS 20849 b
Specialty retailers shall receive a sales commission equal
to 2% of the face value of specialty game tickets purchased
from the Division Department, less adjustments for unsold
tickets returned to the Illinois Lottery for credit. Specialty
retailers may not cash winning tickets, but are entitled to a
1% bonus in connection with the sale of a winning specialty
game ticket having a price value of $1,000 or more.
(Source: P.A. 100-201, eff. 8-18-17.)
(20 ILCS 1605/12) (from Ch. 120, par. 1162)
Sec. 12. The public inspection and copying of the records
and data of the Division Department and the Board shall be
generally governed by the provisions of the Freedom of
Information Act except that the following shall additionally
be exempt from inspection and copying:
(i) information privileged against introduction in
judicial proceedings;
(ii) internal communications of the several agencies;
(iii) information concerning secret manufacturing
processes or confidential data submitted by any person
under this Act;
(iv) any creative proposals, scripts, storyboards or
other materials prepared by or for the Division
Department, prior to the placement of the materials in the
media, if the prior release of the materials would
compromise the effectiveness of an advertising campaign.

SB2254 - 64 - LRB102 15486 SMS 20849 b
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/13) (from Ch. 120, par. 1163)
Sec. 13. Except as otherwise provided in Section 13.1, no
prize, nor any portion of a prize, nor any right of any person
to a prize awarded shall be assignable. Any prize, or portion
thereof remaining unpaid at the death of a prize winner, may be
paid to the estate of such deceased prize winner, or to the
trustee under a revocable living trust established by the
deceased prize winner as settlor, provided that a copy of such
a trust has been filed with the Division Department along with
a notarized letter of direction from the settlor and no
written notice of revocation has been received by the Division
Department prior to the settlor's death. Following such a
settlor's death and prior to any payment to such a successor
trustee, the Director shall obtain from the trustee a written
agreement to indemnify and hold the Director and the Division
Department harmless with respect to any claims that may be
asserted against the Division Department arising from payment
to or through the trust. Notwithstanding any other provision
of this Section, any person pursuant to an appropriate
judicial order may be paid the prize to which a winner is
entitled, and all or part of any prize otherwise payable by
State warrant under this Section shall be withheld upon
certification to the State Comptroller from the Department of
Healthcare and Family Services as provided in Section 10-17.5

SB2254 - 65 - LRB102 15486 SMS 20849 b
of The Illinois Public Aid Code. The Director and the Division
Department shall be discharged of all further liability upon
payment of a prize pursuant to this Section.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/13.1)
Sec. 13.1. Assignment of prizes payable in installments.
(a) The right of any person to receive payments under a
prize that is paid in installments over time by the Division
Department may be voluntarily assigned, in whole or in part,
if the assignment is made to a person or entity designated
pursuant to an order of a court of competent jurisdiction
located in the judicial circuit where the assigning prize
winner resides or where the headquarters of the Division
Department is located. A court may issue an order approving a
voluntary assignment and directing the Division Department to
make prize payments in whole or in part to the designated
assignee, if the court finds that all of the following
conditions have been met:
(1) The assignment is in writing, is executed by the
assignor, and is, by its terms, subject to the laws of this
State.
(2) The purchase price being paid for the payments
being assigned represents a present value of the payments
being assigned, discounted at an annual rate that does not
exceed 10 percentage points over the Wall Street Journal

SB2254 - 66 - LRB102 15486 SMS 20849 b
prime rate published on the business day prior to the date
of execution of the contract.
(3) The contract of assignment expressly states that
the assignor has 3 business days after the contract was
signed to cancel the assignment.
(4) The assignor provides a sworn affidavit attesting
that he or she:
(i) is of sound mind, is in full command of his or
her faculties, and is not acting under duress;
(ii) has been advised regarding the assignment by
his or her own independent legal counsel, who is
unrelated to and is not being compensated by the
assignee or any of the assignee's affiliates, and has
received independent financial or tax advice
concerning the effects of the assignment from a lawyer
or other professional who is unrelated to and is not
being compensated by the assignee or any of the
assignee's affiliates;
(iii) understands that he or she will not receive
the prize payments or portions thereof for the years
assigned;
(iv) understands and agrees that, with regard to
the assigned payments, the Division Department and its
officials and employees will have no further liability
or responsibility to make the assigned payments to him
or her;

SB2254 - 67 - LRB102 15486 SMS 20849 b
(v) has been provided with a one-page written
disclosure statement setting forth, in bold type of
not less than 14 points, the payments being assigned,
by amounts and payment dates; the purchase price being
paid; the rate of discount to present value, assuming
daily compounding and funding on the contract date;
and the amount, if any, of any origination or closing
fees that will be charged to him or her; and
(vi) was advised in writing, at the time he or she
signed the assignment contract, that he or she had the
right to cancel the contract, without any further
obligation, within 3 business days following the date
on which the contract was signed.
(5) Written notice of the proposed assignment and any
court hearing concerning the proposed assignment is
provided to the Division's Department's counsel at least
30 days prior to any court hearing. The Division
Department is not required to appear in or be named as a
party to any such action seeking judicial confirmation of
an assignment under this Section, but may intervene as of
right in any such proceeding.
(b) A certified copy of a court order approving a
voluntary assignment must be provided to the Division
Department no later than 30 days before the date on which the
payment is to be made.
(c) A court order obtained pursuant to this Section,

SB2254 - 68 - LRB102 15486 SMS 20849 b
together with all such prior orders, shall not require the
Division Department to divide any single prize payment among
more than 3 different persons. Nothing in this Section shall
prohibit substituting assignees as long as there are no more
than 3 assignees at any one time for any one prize payment.
(d) If a husband and wife are co-owners of a prize, any
assignment of the prize must be made jointly.
(e) A voluntary assignment may not include portions of
payments that are subject to offset on account of a defaulted
or delinquent child support obligation, non-wage garnishment,
or criminal restitution obligation or on account of a debt
owed to a State agency. Each court order issued under
subsection (a) shall provide that any delinquent child support
or criminal restitution obligations of the assigning prize
winner and any debts owed to a State agency by the assigning
prize winner, as of the date of the court order, shall be set
off by the Division Department first against remaining
payments or portions thereof due the prize winner and then
against payments due the assignee.
(f) The Division Department and its respective officials
and employees shall be discharged of all liability upon
payment of an assigned prize under this Section. The assignor
and assignee shall hold harmless and indemnify the Division
Department, the State of Illinois, and its employees and
agents from all claims, actions, suits, complaints, and
liabilities related to the assignment.

SB2254 - 69 - LRB102 15486 SMS 20849 b
(g) The Division Department may establish a reasonable fee
to defray any administrative expenses associated with
assignments made under this Section, including the cost to the
Division Department of any processing fee that may be imposed
by a private annuity provider. The fee amount shall reflect
the direct and indirect costs associated with processing
assignments.
(h) If at any time the Internal Revenue Service or a court
of competent jurisdiction issues a determination letter,
revenue ruling, other public ruling of the Internal Revenue
Service, or published decision to the Division Department or
to any lottery prize winner declaring that the voluntary
assignment of prizes will affect the federal income tax
treatment of prize winners who do not assign their prizes, the
Division Department shall immediately file a copy of that
letter, ruling, or published decision with the Attorney
General, the Secretary of State, and the Administrative Office
of the Illinois Courts. A court may not issue an order
authorizing a voluntary assignment under this Section after
the date any such ruling, letter, or published decision is
filed.
(i) A contract of assignment in which the assignor is a
lottery winner shall include a sworn affidavit from the
assignee. The form of the affidavit shall be established by
the Division Department and shall include:
(1) a summary of assignee contacts with the winner;

SB2254 - 70 - LRB102 15486 SMS 20849 b
(2) a summary of any lawsuits, claims, and other legal
actions from lottery winners regarding conduct of the
assignee or its agents;
(3) a statement that the assignee is in good standing
in its state of domicile and with any other licensing or
regulatory agency as may be required in the conduct of its
business;
(4) a brief business history of the assignee;
(5) a statement describing the nature of the business
of the assignee; and
(6) a statement of the assignee's privacy and
non-harassment policies and express affirmation that the
assignee has followed those policies in Illinois.
(j) The assignee shall notify the Division Department of
its business location and mailing address for payment purposes
during the entire course of the assignment.
(Source: P.A. 93-465, eff. 1-1-04.)
(20 ILCS 1605/14) (from Ch. 120, par. 1164)
Sec. 14. No person shall sell a ticket or share at a price
greater than that fixed by rule or regulation of the Division
Department. No person other than a licensed lottery sales
agent or distributor shall sell or resell lottery tickets or
shares. No person shall charge a fee to redeem a winning ticket
or share.
Any person convicted of violating this Section shall be

SB2254 - 71 - LRB102 15486 SMS 20849 b
guilty of a Class B misdemeanor; provided, that if any offense
under this Section is a subsequent offense, the offender shall
be guilty of a Class 4 felony.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/14.3)
Sec. 14.3. Misuse of proprietary material prohibited.
Except as may be provided in Section 7.11, or by bona fide sale
or by prior authorization from the Department or the Division,
or otherwise by law, all premiums, promotional and other
proprietary material produced or acquired by the Division
Department as part of its advertising and promotional
activities shall remain the property of the Division
Department. Nothing herein shall be construed to affect the
rights or obligations of the Division Department or any other
person under federal or State trademark or copyright laws.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/14.4)
Sec. 14.4. Investigators.
(a) The Division Department has the power to appoint
investigators to conduct investigations, searches, seizures,
arrests, and other duties required to enforce the provisions
of this Act and prevent the perpetration of fraud upon the
Division Department or the public. These investigators have
and may exercise all the powers of peace officers solely for

SB2254 - 72 - LRB102 15486 SMS 20849 b
the purpose of ensuring the integrity of the lottery games
operated by the Division Department.
(b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Division Department exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the
badge is authorized by the Department and (ii) contains a
unique identifying number. No other badge shall be authorized
by the Division Department.
(Source: P.A. 97-1121, eff. 8-27-12; 98-499, eff. 8-16-13.)
(20 ILCS 1605/15) (from Ch. 120, par. 1165)
Sec. 15. No minor under 18 years of age shall buy a lottery
ticket or share. No person shall sell, distribute samples of,
or furnish a lottery ticket or share to any minor under 18
years of age, buy a lottery ticket or share for any minor under
18 years of age, or aid and abet in the purchase of lottery
tickets or shares by a minor under 18 years of age.
No ticket or share shall be purchased by, and no prize
shall be paid to any of the following persons: any member of
the Board or any officer or other person employed by the
Division Board or the Department; any spouse, child, brother,
sister or parent residing as a member of the same household in
the principal place of abode of any such persons; or any minor
under 18 years of age.
Any violation of this Section by a person other than the

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purchasing minor shall be a Class B misdemeanor; provided,
that if any violation of this Section is a subsequent
violation, the offender shall be guilty of a Class 4 felony.
Notwithstanding any provision to the contrary, a violation of
this Section by a minor under 18 years of age shall be a petty
offense.
(Source: P.A. 90-346, eff. 8-8-97.)
(20 ILCS 1605/19) (from Ch. 120, par. 1169)
Sec. 19. The Division Department shall establish an
appropriate period for the claiming of prizes for each lottery
game offered. Each claim period shall be stated in game rules
and written play instructions issued by the Director in
accordance with Section 7.1 of this Act. Written play
instructions shall be made available to all players through
sales agents licensed to sell game tickets or shares. Prizes
for lottery games which involve the purchase of a physical
lottery ticket may be claimed only by presentation of a valid
winning lottery ticket that matches validation records on file
with the Lottery; no claim may be honored which is based on the
assertion that the ticket was lost or stolen. No lottery
ticket which has been altered, mutilated, or fails to pass
validation tests shall be deemed to be a winning ticket.
If no claim is made for the money within the established
claim period, the prize may be included in the prize pool of
such special drawing or drawings as the Division Department

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may, from time to time, designate. Unclaimed multi-state game
prize money may be included in the multi-state prize pool for
such special drawing or drawings as the multi-state game
directors may, from time to time, designate. Any bonuses
offered by the Division Department to sales agents who sell
winning tickets or shares shall be payable to such agents
regardless of whether or not the prize money on the ticket or
share is claimed, provided that the agent can be identified as
the vendor of the winning ticket or share, and that the winning
ticket or share was sold on or after January 1, 1984. All
unclaimed prize money not included in the prize pool of a
special drawing shall be transferred to the Common School
Fund.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/20.1) (from Ch. 120, par. 1170.1)
Sec. 20.1. Division Department account.
(a) The Division Department is authorized to pay validated
prizes up to $25,000 from funds held by the Division
Department in an account separate and apart from all public
moneys of the State. Moneys in this account shall be
administered by the Director exclusively for the purposes of
issuing payments to prize winners authorized by this Section.
Moneys in this account shall be deposited by the Division
Department into the Public Treasurers' Investment Pool
established under Section 17 of the State Treasurer Act. The

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Division Department shall submit vouchers from time to time as
needed for reimbursement of this account from moneys
appropriated for prizes from the State Lottery Fund.
Investment income earned from this account shall be deposited
monthly by the Division Department into the Common School
Fund. The Division Department shall file quarterly fiscal
reports specifying the activity of this account as required
under Section 16 of the State Comptroller Act, and shall file
quarterly with the General Assembly, the Auditor General, the
Comptroller, and the State Treasurer a report indicating the
costs associated with this activity.
(b) The Division Department is authorized to enter into an
interagency agreement with the Office of the Comptroller or
any other State agency to establish responsibilities, duties,
and procedures for complying with the Comptroller's Offset
System under Section 10.05 of the State Comptroller Act. All
federal and State tax reporting and withholding requirements
relating to prize winners under this Section shall be the
responsibility of the Division Department. Moneys from this
account may not be used to pay amounts to deferred prize
winners. Moneys may not be transferred from the State Lottery
Fund to this account for payment of prizes under this Section
until procedures are implemented to comply with the
Comptroller's Offset System and sufficient internal controls
are in place to validate prizes.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)

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(20 ILCS 1605/21) (from Ch. 120, par. 1171)
Sec. 21. All lottery sales agents or distributors shall be
liable to the Lottery for any and all tickets accepted or
generated by any employee or representative of that agent or
distributor, and such tickets shall be deemed to have been
purchased by the agent or distributor unless returned to the
Lottery within the time and in the manner prescribed by the
Director. All moneys received by such agents or distributors
from the sale of lottery tickets or shares, less the amount
retained as compensation for the sale of the tickets or shares
and the amount paid out as prizes, shall be paid over to a
lottery representative or deposited in a bank or savings and
loan association approved by the State Treasurer, as
prescribed by the Director.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to Section
6 of the Public Funds Investment Act.
Each payment or deposit shall be accompanied by a report
of the agent's receipts and transactions in the sale of
lottery tickets in such form and containing such information
as the Director may require. Any discrepancies in such
receipts and transactions may be resolved as provided by the
rules and regulations of the Division Department.
If any money due the Lottery by a sales agent or

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distributor is not paid when due or demanded, it shall
immediately become delinquent and be billed on a subsequent
monthly statement. If on the closing date for any monthly
statement a delinquent amount previously billed of more than
$50 remains unpaid, interest in such amount shall be accrued
at the rate of 2% per month or fraction thereof from the date
when such delinquent amount becomes past due until such
delinquent amount, including interest, penalty and other costs
and charges that the Division Department may incur in
collecting such amounts, is paid. In case any agent or
distributor fails to pay any moneys due the Lottery within 30
days after a second bill or statement is rendered to the agent
or distributor, such amount shall be deemed seriously
delinquent and may be referred by the Division Department to a
collection agency or credit bureau for collection. Any
contract entered into by the Division Department for the
collection of seriously delinquent accounts with a collection
agency or credit bureau may be satisfied by a commercially
reasonable percentage of the delinquent account recouped,
which shall be negotiated by the Division Department in
accordance with commercially accepted standards. Any costs
incurred by the Division Department or others authorized to
act in its behalf in collecting such delinquencies may be
assessed against the agent or distributor and included as a
part of the delinquent account.
In case of failure of an agent or distributor to pay a

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seriously delinquent amount, or any portion thereof, including
interest, penalty and costs, the Division Department may issue
a Notice of Assessment. In determining amounts shown on the
Notice of Assessment, the Division Department shall utilize
the financial information available from its records. Such
Notice of Assessment shall be prima facie correct and shall be
prima facie evidence of delinquent sums due under this Section
at any hearing before the Director or any Board, or its Hearing
Officers, or at any other legal proceeding. Reproduced copies
of any of the Division's Department's records relating to an
account, including, but not limited to, notices of assessment,
suspension, revocation, and personal liability and any other
such notice prepared in the Division's Department's ordinary
course of business and books, records, or other documents
offered in the name of the Division Department, under
certificate of the Director or any officer or employee of the
Division Department designated in writing by the Director
shall, without further proof, be admitted into evidence in any
hearing before the Director or any Board or its Hearing
Officers or any legal proceeding and shall be prima facie
proof of the information contained therein. The Attorney
General may bring suit on behalf of the Division Department to
collect all such delinquent amounts, or any portion thereof,
including interest, penalty and costs, due the Lottery.
Any person who accepts money that is due to the Division
Department from the sale of lottery tickets under this Act,

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but who wilfully fails to remit such payment to the Division
Department when due or who purports to make such payment but
wilfully fails to do so because his check or other remittance
fails to clear the bank or savings and loan association
against which it is drawn, in addition to the amount due and in
addition to any other penalty provided by law, shall be
assessed, and shall pay, a penalty equal to 5% of the
deficiency plus any costs or charges incurred by the Division
Department in collecting such amount.
The Director may make such arrangements for any person(s),
banks, savings and loan associations or distributors, to
perform such functions, activities or services in connection
with the operation of the lottery as he deems advisable
pursuant to this Act, the State Comptroller Act, or the rules
and regulations of the Division Department, and such
functions, activities or services shall constitute lawful
functions, activities and services of such person(s), banks,
savings and loan associations or distributors.
All income arising out of any activity or purpose of the
Division Department shall, pursuant to the State Finance Act,
be paid into the State Treasury except as otherwise provided
by the rules and regulations of the Division Department and
shall be covered into a special fund to be known as the State
Lottery Fund. Banks and savings and loan associations may be
compensated for services rendered based upon the activity and
amount of funds on deposit.

SB2254 - 80 - LRB102 15486 SMS 20849 b
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/21.3) (from Ch. 120, par. 1171.3)
Sec. 21.3. Any officer of any corporation licensed as an
agent for the sale of Lottery tickets and products shall be
personally liable for the total amount of Lottery receipts due
the Division Departmentt which are unpaid by the corporation,
together with any interest and penalties thereon assessed in
accordance with the provision of Section 21 of the Act.
The personal liability of a corporate officer as provided
herein shall survive the dissolution of the corporation. No
action to enforce such personal liability shall be commenced
unless a notice of the delinquent account has been sent to such
corporate officer at the address shown on the Lottery records
or otherwise known to Division Department officials, and no
such action shall be commenced after the expiration of 3 years
from the date of the Division's Department's notice of
delinquent account or the termination of any court proceedings
with respect to the issue of the delinquency of a corporation.
Procedures for protest and review of a notice of the
Division's Department's intention to enforce personal
liability against a corporate officer shall be the same as
those prescribed for protest and review of the Notice of
Assessment as set forth in Section 7.3 of this Act.
(Source: P.A. 88-522.)

SB2254 - 81 - LRB102 15486 SMS 20849 b
(20 ILCS 1605/21.5)
Sec. 21.5. Carolyn Adams Ticket For The Cure.
(a) The Division Department shall offer a special instant
scratch-off game with the title of "Carolyn Adams Ticket For
The Cure". The game shall commence on January 1, 2006 or as
soon thereafter, in the discretion of the Director, as is
reasonably practical, and shall be discontinued on December
31, 2026. The operation of the game shall be governed by this
Act and any rules adopted by the Division Department. The
Division Department must consult with the Carolyn Adams Ticket
For The Cure Board, which is established under Section
2310-347 of the Department of Public Health Powers and Duties
Law of the Civil Administrative Code of Illinois, regarding
the design and promotion of the game. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The Carolyn Adams Ticket For The Cure Grant Fund is
created as a special fund in the State treasury. The net
revenue from the Carolyn Adams Ticket For The Cure special
instant scratch-off game shall be deposited into the Fund for
appropriation by the General Assembly solely to the Department
of Public Health for the purpose of making grants to public or
private entities in Illinois for the purpose of funding breast
cancer research, and supportive services for breast cancer
survivors and those impacted by breast cancer and breast
cancer education. In awarding grants, the Department of Public

SB2254 - 82 - LRB102 15486 SMS 20849 b
Health shall consider criteria that includes, but is not
limited to, projects and initiatives that address disparities
in incidence and mortality rates of breast cancer, based on
data from the Illinois Cancer Registry, and populations facing
barriers to care. The Department of Public Health shall,
before grants are awarded, provide copies of all grant
applications to the Carolyn Adams Ticket For The Cure Board,
receive and review the Board's recommendations and comments,
and consult with the Board regarding the grants. For purposes
of this Section, the term "research" includes, without
limitation, expenditures to develop and advance the
understanding, techniques, and modalities effective in the
detection, prevention, screening, and treatment of breast
cancer and may include clinical trials. The grant funds may
not be used for institutional, organizational, or
community-based overhead costs, indirect costs, or levies.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from
any public or private entity, must be deposited into the Fund.
Any interest earned on moneys in the Fund must be deposited
into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Division Department solely related to the

SB2254 - 83 - LRB102 15486 SMS 20849 b
Ticket For The Cure game.
(c) During the time that tickets are sold for the Carolyn
Adams Ticket For The Cure game, the Division Department shall
not unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 98-499, eff. 8-16-13; 99-917, eff. 12-30-16.)
(20 ILCS 1605/21.6)
Sec. 21.6. Scratch-off for Illinois veterans.
(a) The Division Department shall offer a special instant
scratch-off game for the benefit of Illinois veterans. The
game shall commence on January 1, 2006 or as soon thereafter,
at the discretion of the Director, as is reasonably practical.
The operation of the game shall be governed by this Act and any
rules adopted by the Division Department. If any provision of
this Section is inconsistent with any other provision of this
Act, then this Section governs.
(b) The Illinois Veterans Assistance Fund is created as a
special fund in the State treasury. The net revenue from the
Illinois veterans scratch-off game shall be deposited into the
Fund for appropriation by the General Assembly solely to the
Department of Veterans' Affairs for making grants, funding
additional services, or conducting additional research
projects relating to each of the following:

SB2254 - 84 - LRB102 15486 SMS 20849 b
(i) veterans' post traumatic stress disorder;
(ii) veterans' homelessness;
(iii) the health insurance costs of veterans;
(iv) veterans' disability benefits, including but not
limited to, disability benefits provided by veterans
service organizations and veterans assistance commissions
or centers;
(v) the long-term care of veterans; provided that,
beginning with moneys appropriated for fiscal year 2008,
no more than 20% of such moneys shall be used for health
insurance costs; and
(vi) veteran employment and employment training.
In order to expend moneys from this special fund,
beginning with moneys appropriated for fiscal year 2008, the
Director of Veterans' Affairs shall appoint a 3-member funding
authorization committee. The Director shall designate one of
the members as chairperson. The committee shall meet on a
quarterly basis, at a minimum, and shall authorize expenditure
of moneys from the special fund by a two-thirds vote.
Decisions of the committee shall not take effect unless and
until approved by the Director of Veterans' Affairs. Each
member of the committee shall serve until a replacement is
named by the Director of Veterans' Affairs. One member of the
committee shall be a member of the Veterans' Advisory Council.
Moneys collected from the special instant scratch-off game
shall be used only as a supplemental financial resource and

SB2254 - 85 - LRB102 15486 SMS 20849 b
shall not supplant existing moneys that the Department of
Veterans' Affairs may currently expend for the purposes set
forth in items (i) through (v).
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual
administrative expenses of the Division Department solely
related to the scratch-off game under this Section.
(c) During the time that tickets are sold for the Illinois
veterans scratch-off game, the Division Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17.)
(20 ILCS 1605/21.7)
Sec. 21.7. Scratch-out Multiple Sclerosis scratch-off
game.
(a) The Division Department shall offer a special instant

SB2254 - 86 - LRB102 15486 SMS 20849 b
scratch-off game for the benefit of research pertaining to
multiple sclerosis. The game shall commence on July 1, 2008 or
as soon thereafter, in the discretion of the Director, as is
reasonably practical. The operation of the game shall be
governed by this Act and any rules adopted by the Division
Departmentt. If any provision of this Section is inconsistent
with any other provision of this Act, then this Section
governs.
(b) The Multiple Sclerosis Research Fund is created as a
special fund in the State treasury. The net revenue from the
scratch-out multiple sclerosis scratch-off game created under
this Section shall be deposited into the Fund for
appropriation by the General Assembly to the Department of
Public Health for the purpose of making grants to
organizations in Illinois that conduct research pertaining to
the repair and prevention of damage caused by an acquired
demyelinating disease of the central nervous system.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For purposes of this Section, the term "research"
includes, without limitation, expenditures to develop and
advance the understanding, techniques, and modalities

SB2254 - 87 - LRB102 15486 SMS 20849 b
effective for maintaining function, mobility, and strength
through preventive physical therapy or other treatments and to
develop and advance the repair, and also the prevention, of
myelin, neuron, and axon damage caused by an acquired
demyelinating disease of the central nervous system and the
restoration of function, including but not limited to, nervous
system repair or neuroregeneration.
The grant funds may not be used for institutional,
organizational, or community-based overhead costs, indirect
costs, or levies.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual
administrative expenses of the Division Department solely
related to the scratch-off game under this Section.
(c) During the time that tickets are sold for the
scratch-out multiple sclerosis scratch-off game, the Division
Department shall not unreasonably diminish the efforts devoted
to marketing any other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
(20 ILCS 1605/21.8)
Sec. 21.8. Quality of Life scratch-off game.
(a) The Division Department shall offer a special instant

SB2254 - 88 - LRB102 15486 SMS 20849 b
scratch-off game with the title of "Quality of Life". The game
shall commence on July 1, 2007 or as soon thereafter, in the
discretion of the Director, as is reasonably practical, and
shall be discontinued on December 31, 2025. The operation of
the game is governed by this Act and by any rules adopted by
the Division Department. The Division Department must consult
with the Quality of Life Board, which is established under
Section 2310-348 of the Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois,
regarding the design and promotion of the game. If any
provision of this Section is inconsistent with any other
provision of this Act, then this Section governs.
(b) The Quality of Life Endowment Fund is created as a
special fund in the State treasury. The net revenue from the
Quality of Life special instant scratch-off game must be
deposited into the Fund for appropriation by the General
Assembly solely to the Department of Public Health for the
purpose of HIV/AIDS-prevention education and for making grants
to public or private entities in Illinois for the purpose of
funding organizations that serve the highest at-risk
categories for contracting HIV or developing AIDS. Grants
shall be targeted to serve at-risk populations in proportion
to the distribution of recent reported Illinois HIV/AIDS cases
among risk groups as reported by the Illinois Department of
Public Health. The recipient organizations must be engaged in
HIV/AIDS-prevention education and HIV/AIDS healthcare

SB2254 - 89 - LRB102 15486 SMS 20849 b
treatment. The Division Department must, before grants are
awarded, provide copies of all grant applications to the
Quality of Life Board, receive and review the Board's
recommendations and comments, and consult with the Board
regarding the grants. Organizational size will determine an
organization's competitive slot in the "Request for Proposal"
process. Organizations with an annual budget of $300,000 or
less will compete with like size organizations for 50% of the
Quality of Life annual fund. Organizations with an annual
budget of $300,001 to $700,000 will compete with like
organizations for 25% of the Quality of Life annual fund, and
organizations with an annual budget of $700,001 and upward
will compete with like organizations for 25% of the Quality of
Life annual fund. The Division lottery may designate a
percentage of proceeds for marketing purposes purpose. The
grant funds may not be used for institutional, organizational,
or community-based overhead costs, indirect costs, or levies.
Grants awarded from the Fund are intended to augment the
current and future State funding for the prevention and
treatment of HIV/AIDS and are not intended to replace that
funding.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from
any public or private entity, must be deposited into the Fund.
Any interest earned on moneys in the Fund must be deposited

SB2254 - 90 - LRB102 15486 SMS 20849 b
into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Division Department solely related to the
Quality of Life game.
(c) During the time that tickets are sold for the Quality
of Life game, the Division Department shall not unreasonably
diminish the efforts devoted to marketing any other instant
scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section in
consultation with the Quality of Life Board.
(Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16.)
(20 ILCS 1605/21.9)
Sec. 21.9. Go For The Gold scratch-off game.
(a) The Division Department shall offer a special instant
scratch-off game with the title of "Go For The Gold". The game
must commence on July 1, 2014 or as soon thereafter, at the
discretion of the Director, as is reasonably practical. The
operation of the game is governed by this Act and by any rules
adopted by the Division Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The Special Olympics Illinois and Special Children's

SB2254 - 91 - LRB102 15486 SMS 20849 b
Charities Fund is created as a special fund in the State
treasury. The net revenue from the Go For The Gold special
instant scratch-off game must be deposited into the Special
Olympics Illinois and Special Children's Charities Fund for
appropriation by the General Assembly solely to the Department
of Human Services, which must distribute the moneys as
follows: (i) 75% of the moneys to Special Olympics Illinois to
support the statewide training, competitions, and programs for
future Special Olympics athletes; and (ii) 25% of the moneys
to Special Children's Charities to support the City of
Chicago-wide training, competitions, and programs for future
Special Olympics athletes. The moneys may not be used for
institutional, organizational, or community-based overhead
costs, indirect costs, or levies.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from
any public or private entity, must be deposited into the
Special Olympics and Special Children's Charities Fund. Any
interest earned on moneys in the Special Olympics and Special
Children's Charities Fund must be deposited into the Special
Olympics and Special Children's Charities Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Division Department solely related to the Go

SB2254 - 92 - LRB102 15486 SMS 20849 b
For The Gold game.
(c) During the time that tickets are sold for the Go For
The Gold game, the Division Department shall not unreasonably
diminish the efforts devoted to marketing any other instant
scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 98-649, eff. 6-16-14.)
(20 ILCS 1605/21.10)
Sec. 21.10. Scratch-off for State police memorials.
(a) The Division Department shall offer a special instant
scratch-off game for the benefit of State police memorials.
The game shall commence on January 1, 2019 or as soon
thereafter, at the discretion of the Director, as is
reasonably practical. The operation of the game shall be
governed by this Act and any rules adopted by the Division
Department. If any provision of this Section is inconsistent
with any other provision of this Act, then this Section
governs.
(b) The net revenue from the State police memorials
scratch-off game shall be deposited into the Criminal Justice
Information Projects Fund and distributed equally, as soon as
practical but at least on a monthly basis, to the Chicago
Police Memorial Foundation Fund, the Police Memorial Committee
Fund, and the Illinois State Police Memorial Park Fund. Moneys

SB2254 - 93 - LRB102 15486 SMS 20849 b
transferred to the funds under this Section shall be used,
subject to appropriation, to fund grants for building and
maintaining memorials and parks; holding annual memorial
commemorations; giving scholarships to children of officers
killed or catastrophically injured in the line of duty, or
those interested in pursuing a career in law enforcement;
providing financial assistance to police officers and their
families when a police officer is killed or injured in the line
of duty; and providing financial assistance to officers for
the purchase or replacement of bulletproof vests to be used in
the line of duty.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual
administrative expenses of the Division Department solely
related to the scratch-off game under this Section.
(c) During the time that tickets are sold for the State
police memorials scratch-off game, the Division Department
shall not unreasonably diminish the efforts devoted to
marketing any other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)
(20 ILCS 1605/21.11)
Sec. 21.11. Scratch-off for homelessness prevention

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programs.
(a) The Division Department shall offer a special instant
scratch-off game to fund homelessness prevention programs. The
game shall commence on July 1, 2019 or as soon thereafter, at
the discretion of the Director, as is reasonably practical.
The operation of the game shall be governed by this Act and any
rules adopted by the Division Department. If any provision of
this Section is inconsistent with any other provision of this
Act, then this Section governs.
(b) The Homelessness Prevention Revenue Fund is created as
a special fund in the State treasury. The net revenue from the
scratch-off game to fund homelessness prevention programs
shall be deposited into the Homelessness Prevention Revenue
Fund. Subject to appropriation, moneys in the Fund shall be
used by the Department of Human Services solely for grants to
homelessness prevention and assistance projects under the
Homelessness Prevention Act.
As used in this subsection, "net revenue" means the total
amount for which tickets have been sold less the sum of the
amount paid out in the prizes and the actual administrative
expenses of the Division Department solely related to the
scratch-off game under this Section.
(c) During the time that tickets are sold for the
scratch-off game to fund homelessness prevention programs, the
Division Department shall not unreasonably diminish the
efforts devoted to marketing any other instant scratch-off

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lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(e) Nothing in this Section shall be construed to affect
any revenue that any Homelessness Prevention line item
receives through the General Revenue Fund or the Illinois
Affordable Housing Trust Fund.
(Source: P.A. 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19.)
(20 ILCS 1605/21.12)
Sec. 21.12. Scratch-off for school STEAM programs.
(a) The Division Department shall offer a special instant
scratch-off game for the benefit of school STEAM programming.
The game shall commence on January 1, 2020 or as soon
thereafter, at the discretion of the Director, as is
reasonably practical, and shall be discontinued on January 1,
2021. The operation of the game shall be governed by the Act
and any rules adopted by the Division Department. If any
provision of this Section is inconsistent with any other
provision of this Act, then this Section governs.
(b) The net revenue from the scratch-off for school STEAM
programs shall be deposited into the School STEAM Grant
Program Fund as soon as practical, but at least on a monthly
basis. Moneys deposited into the Fund under this Section shall
be used, subject to appropriation, by the State Board of
Education to fund school STEAM grants pursuant to Section

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2-3.119a of the School Code.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual
administrative expenses of the Division Department solely
related to the scratch-off game under this Section.
(c) During the time that tickets are sold for the school
STEAM programs scratch-off game, the Division Department shall
not unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 101-561, eff. 8-23-19.)
(20 ILCS 1605/21.13)
Sec. 21.13. Scratch-off for Alzheimer's care, support,
education, and awareness.
(a) The Division Department shall offer a special instant
scratch-off game for the benefit of Alzheimer's care, support,
education, and awareness. The game shall commence on January
1, 2020 or as soon thereafter, at the discretion of the
Director, as is reasonably practical, and shall be
discontinued on January 1, 2022. The operation of the game
shall be governed by this Act and any rules adopted by the
Division Department. If any provision of this Section is
inconsistent with any other provision of this Act, then this

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Section governs.
(b) The net revenue from the Alzheimer's care, support,
education, and awareness scratch-off game shall be deposited
into the Alzheimer's Awareness Fund.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For the purposes of this subsection, "net revenue" means
the total amount for which tickets have been sold less the sum
of the amount paid out in the prizes and the actual
administrative expenses of the Division Department solely
related to the scratch-off game under this Section.
(c) During the time that tickets are sold for the
Alzheimer's care, support, education, and awareness
scratch-off game, the Division Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Division Department may adopt any rules necessary
to implement and administer the provisions of this Section.
(Source: P.A. 101-561, eff. 8-23-19; 101-645, eff. 6-26-20.)
(20 ILCS 1605/24) (from Ch. 120, par. 1174)
Sec. 24. The State Comptroller shall conduct a preaudit of

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all accounts and transactions of the Division Department in
connection with the operation of the State Lottery under the
State Comptroller Act, excluding payments issued by the
Division Department for prizes of $25,000 or less.
The Auditor General or a certified public accountant firm
appointed by him shall conduct an annual post-audit of all
accounts and transactions of the Division Department in
connection with the operation of the State Lottery and other
special post audits as the Auditor General, the Legislative
Audit Commission, or the General Assembly deems necessary. The
annual post-audits shall include payments made by lottery
sales agents of prizes of less than $600 authorized under
Section 20, and payments made by the Division Department of
prizes up to $25,000 authorized under Section 20.1. The
Auditor General or his agent conducting an audit under this
Act shall have access and authority to examine any and all
records of the Division Department or the Board, its
distributing agents and its licensees.
(Source: P.A. 94-776, eff. 5-19-06.)
(20 ILCS 1605/25) (from Ch. 120, par. 1175)
Sec. 25. Any party adversely affected by a final order or
determination of the Director or the Division Board or the
Department may obtain judicial review, by filing a petition
for review within 35 days after the entry of the order or other
final action complained of, pursuant to the provisions of the

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Administrative Review Law, as amended and the rules adopted
pursuant thereto.
(Source: P.A. 82-783.)
(20 ILCS 1605/6 rep.)
(20 ILCS 1605/7.6 rep.)
Section 110. The Illinois Lottery Law is amended by
repealing Sections 6 and 7.6.
Section 115. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 2, 2.5, 3.01, 3.04, 3.07, 3.075,
3.080, 3.11, 3.12, 3.13, 3.17, 3.18, 3.19, 3.29, 3.35, 4, 9,
10, 12, 12.1, 12.2, 13, 14, 14a, 15, 15.1, 15.2, 15.3, 15.4,
15.5, 16, 18, 19, 19.5, 20, 20.1, 20.5, 21, 23, 24, 25, 26,
26.9, 27, 27.2, 28, 28.1, 30, 30.5, 31, 31.1, 32, 32.1, 34.3,
35, 36, 36a, 37, 38, 39, 40, 45, 46, 49, 51, 54.75, 55, and 56
as follows:
(230 ILCS 5/2) (from Ch. 8, par. 37-2)
Sec. 2. There is hereby created and established a Division
of Horse Racing within the Department of Lottery and Gaming an
Illinois Racing Board which shall have the powers and duties
specified in this Act, and also the powers necessary and
proper to enable it to fully and effectively execute all the
provisions and purposes of this Act. The jurisdiction,
supervision, powers, and duties of the Division Board shall

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extend under this Act to every person who holds or conducts any
meeting within the State of Illinois where horse racing is
permitted for any stake, purse or reward.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/2.5)
Sec. 2.5. Separation from Department of Revenue. On the
effective date of this amendatory Act of the 96th General
Assembly, all of the powers, duties, assets, liabilities,
employees, contracts, property, records, pending business, and
unexpended appropriations of the Department of Revenue related
to the administration and enforcement of this Act are
transferred to the former Illinois Racing Board.
The status and rights of the transferred employees, and
the rights of the State of Illinois and its agencies, under the
Personnel Code and applicable collective bargaining agreements
or under any pension, retirement, or annuity plan are not
affected (except as provided in the Illinois Pension Code) by
that transfer or by any other provision of this amendatory Act
of the 96th General Assembly.
(Source: P.A. 96-796, eff. 10-29-09.)
(230 ILCS 5/3.01) (from Ch. 8, par. 37-3.01)
Sec. 3.01. "Division" means the Division of Horse Racing
within the Department of Lottery and Gaming "Board" means the
Illinois Racing Board.

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(Source: P.A. 79-1185.)
(230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
Sec. 3.04. "Director of mutuels" means the individual
representing the Division Board in the supervision and
verification of the pari-mutuel wagering pool totals for each
racing day, which verification shall be the basis for
computing State privilege or pari-mutuel taxes, licensee
commissions and purses.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/3.07) (from Ch. 8, par. 37-3.07)
Sec. 3.07. "Horse race meeting" or "race meeting" or
"meeting" shall mean the whole period of time, whether
consecutive dates or those instances where nonconsecutive
dates are granted, for which an organization license to race
has been granted to any one organization licensee by the
Division Board.
(Source: P.A. 89-16. eff. 5-30-95.)
(230 ILCS 5/3.075)
Sec. 3.075. (a) "Host track" means the organization
licensee (i) conducting live thoroughbred racing between the
hours of 6:30 a.m. and 6:30 p.m. from the first day to the last
day of its horse racing meet as awarded by the Division Board
(including all days within that period when no live racing

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occurs), except as otherwise provided in subsections (c) and
(e) of this Section, or (ii) conducting live standardbred
racing between the hours of 6:30 p.m. to 6:30 a.m. of the
following day from the first day to the last day of its horse
racing meet as awarded by the Division Board (including all
days within that period when no live racing occurs, except as
otherwise provided in subsections (b), (d), and (e) of this
Section); provided that the organization licensee conducts
live racing no fewer than 5 days per week with no fewer than 9
races per day, unless a lesser schedule of live racing is the
result of (1) weather, unsafe track conditions, or other acts
of God; (2) an agreement between the organization licensee and
the associations representing the largest number of owners,
trainers, and standardbred drivers who race horses at that
organization licensee's race meeting, with the Division's
Board's consent; or (3) a decision by the Division Board after
a public hearing (in which the associations representing the
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's race meeting shall
participate) either at the time racing dates are awarded or
after those dates are awarded due to changed financial
circumstances, upon a written petition from the organization
licensee, accompanied by supporting financial data as
requested by the Division Board, stating that the organization
licensee has and will continue to incur significant financial
losses. No organization licensee conducting its race meeting

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in a county bordering the Mississippi River and having a
population greater than 230,000 may be a host track for its
race meeting.
(b) (Blank).
(c) (Blank).
(d) Notwithstanding the provisions of subsection (a) of
this Section and except as otherwise provided in subsection
(e) of this Section, in the event that 2 organization
licensees conduct their standardbred race meetings
concurrently on any date after January 1, 1996, between the
hours of 6:30 p.m. and 6:30 a.m., the organization licensee
awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
during the calendar year in which that concurrent racing
occurs will be deemed the host track, provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 p.m. and 6:30 a.m. during the week in which
concurrent race meetings occur no less than 5 days per week
with no less than 9 races per day. During each week of the
calendar year in which 2 organization licensees are conducting
live standardbred race meetings between 6:30 p.m. and 6:30
a.m., if there is any day in that week on which only one
organization licensee is conducting a standardbred race
meeting between 6:30 p.m. and 6:30 a.m., that organization
licensee shall be the host track provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 p.m. and 6:30 a.m. during the week in which

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concurrent race meetings occur no less than 5 days per week
with no less than 9 races per day. During each week of the
calendar year in which 2 organization licensees are
concurrently conducting live standardbred race meetings on one
or more days between 6:30 p.m. and 6:30 a.m., if there is any
day in that week on which no organization licensee is
conducting a standardbred race meeting between 6:30 p.m. and
6:30 a.m., the organization licensee conducting a standardbred
race meeting during that week and time period that has been
awarded the most racing dates during the calendar year between
6:30 p.m. and 6:30 a.m. shall be the host track, provided that
the 2 organization licensees collectively conduct live
standardbred racing between 6:30 p.m. and 6:30 a.m. during the
week in which concurrent race meetings occur no less than 5
days per week with no less than 9 races per day. The
requirement in this subsection (d) that live racing be
conducted no less than 5 days per week with no less than 9
races per day shall be subject to exceptions set forth in items
(1), (2), and (3) of subsection (a) of Section 3.075.
(e) During any calendar period in which no organization
licensee has been awarded a thoroughbred race meeting, the
host track, between the hours of 6:30 a.m. and 6:30 p.m. of
such period, shall be an organization licensee determined by
the Division Board, provided the organization licensee has
been awarded a thoroughbred race meeting in the current year
and is eligible to be a host track.

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(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/3.080)
Sec. 3.080. "Simulcast program" means the program of
simultaneously televised horse races, including (i) the signal
of any out-of-state horse race selected by the host track
subject to the disapproval of the Division Board, (ii) the
signals of live racing of all organization licensees, which
must be included by the host track; and (iii) the signal of
live racing at the DuQuoin and Springfield State fairs, if
mandated by the Division Board.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
Sec. 3.11. "Organization licensee" means any person
receiving an organization license from the Division Board to
conduct a race meeting or meetings. With respect only to
organization gaming, "organization licensee" includes the
authorization for an organization gaming license under
subsection (a) of Section 56 of this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
system of wagering" means a form of wagering on the outcome of
horse races in which wagers are made in various denominations

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on a horse or horses and all wagers for each race are pooled
and held by a licensee for distribution in a manner approved by
the Division Board. "Pari-mutuel system of wagering" shall not
include wagering on historic races. Wagers may be placed via
any method or at any location authorized under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.13) (from Ch. 8, par. 37-3.13)
Sec. 3.13. "Pari-mutuel pool" or "mutuel pool" or "pool"
means the total money wagered by patrons and held by a licensee
under the pari-mutuel system on any horse or horses in a
particular race. There is a separate mutuel pool for win,
place and show, and for each of the various forms of betting as
defined by the rules and regulations of the Division Board.
Subject to the prior consent of the Division Board, any such
pool may be supplemented by a licensee in order to guarantee a
minimum distribution.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.17) (from Ch. 8, par. 37-3.17)
Sec. 3.17. "Racing days" (or dates) are days within a
horse race meeting on which an organization licensee is
authorized by the Division Board to conduct horse racing.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.18) (from Ch. 8, par. 37-3.18)

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Sec. 3.18. "Director" means the Director of the Division
of Horse Racing of the Department of Lottery and Gaming.
"Executive Director" means the executive director of the
Illinois Racing Board.
(Source: P.A. 84-531.)
(230 ILCS 5/3.19) (from Ch. 8, par. 37-3.19)
Sec. 3.19. "Stewards" means the steward or stewards
representing the Division Board, the steward or stewards
representing the organization licensee, and any other steward
or stewards whose duty it shall be to supervise any horse race
meeting as may be provided for by rules and regulations of the
Division Board; such rules and regulations shall specify the
number of stewards to be appointed, the method and manner of
their appointment, and their powers, authority and duties.
Stewards shall have the power to administer oaths and
affirmations.
(Source: P.A. 83-589.)
(230 ILCS 5/3.29)
Sec. 3.29. Advance deposit wagering. "Advance deposit
wagering" means a method of pari-mutuel wagering in which an
individual may establish an account, deposit money into the
account, and use the account balance to pay for pari-mutuel
wagering authorized by this Act. An advance deposit wager may
be placed in person at a wagering facility or from any other

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location via a telephone-type device or any other electronic
means. Any person who accepts an advance deposit wager who is
not licensed by the Division Board as an advance deposit
wagering licensee shall be considered in violation of this Act
and the Criminal Code of 2012. Any advance deposit wager
placed in person at a wagering facility shall be deemed to have
been placed at that wagering facility.
(Source: P.A. 96-762, eff. 8-25-09; 97-1150, eff. 1-25-13.)
(230 ILCS 5/3.35)
Sec. 3.35. Organization gaming license. "Organization
gaming license" means a license issued by the Department of
Lottery and Gaming Illinois Gaming Board under Section 7.7 of
the Illinois Gambling Act authorizing gaming pursuant to that
Section at an organization gaming facility.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/4) (from Ch. 8, par. 37-4)
Sec. 4. The Division Board shall consist of 11 members to
be appointed by the Governor with the advice and consent of the
Senate, not more than 6 of whom shall be of the same political
party, and one of whom shall be designated by the Governor to
be chairman. Each member shall have a reasonable knowledge of
harness or thoroughbred racing practices and procedure and of
the principles of harness or thoroughbred racing and breeding
and, at the time of his appointment, shall be a resident of the

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State of Illinois and shall have resided therein for a period
of at least 5 years next preceding his appointment and
qualification and he shall be a qualified voter therein and
not less than 25 years of age.
(Source: P.A. 91-798, eff. 7-9-00.)
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9. The Division Board shall have all powers necessary
and proper to fully and effectively execute the provisions of
this Act, including, but not limited to, the following:
(a) The Division Board is vested with jurisdiction and
supervision over all race meetings in this State, over all
licensees doing business in this State, over all occupation
licensees, and over all persons on the facilities of any
licensee. Such jurisdiction shall include the power to issue
licenses to the Illinois Department of Agriculture authorizing
the pari-mutuel system of wagering on harness and Quarter
Horse races held (1) at the Illinois State Fair in Sangamon
County, and (2) at the DuQuoin State Fair in Perry County. The
jurisdiction of the Division Board shall also include the
power to issue licenses to county fairs which are eligible to
receive funds pursuant to the Agricultural Fair Act, as now or
hereafter amended, or their agents, authorizing the
pari-mutuel system of wagering on horse races conducted at the
county fairs receiving such licenses. Such licenses shall be
governed by subsection (n) of this Section.

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Upon application, the Division Board shall issue a license
to the Illinois Department of Agriculture to conduct harness
and Quarter Horse races at the Illinois State Fair and at the
DuQuoin State Fairgrounds during the scheduled dates of each
fair. The Division Board shall not require and the Department
of Agriculture shall be exempt from the requirements of
Sections 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d),
(e), (e-5), (e-10), (f), (g), and (h) of Section 20, and
Sections 21, 24 and 25. The Division Board and the Department
of Agriculture may extend any or all of these exemptions to any
contractor or agent engaged by the Department of Agriculture
to conduct its race meetings when the Division Board
determines that this would best serve the public interest and
the interest of horse racing.
Notwithstanding any provision of law to the contrary, it
shall be lawful for any licensee to operate pari-mutuel
wagering or contract with the Department of Agriculture to
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
or for the Department to enter into contracts with a licensee,
employ its owners, employees or agents and employ such other
occupation licensees as the Department deems necessary in
connection with race meetings and wagerings.
(b) The Division Board is vested with the full power to
promulgate reasonable rules and regulations for the purpose of
administering the provisions of this Act and to prescribe
reasonable rules, regulations and conditions under which all

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horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to
provide for the prevention of practices detrimental to the
public interest and to promote the best interests of horse
racing and to impose penalties for violations thereof.
(c) The Division Board, and any person or persons to whom
it delegates this power, is vested with the power to enter the
facilities and other places of business of any licensee to
determine whether there has been compliance with the
provisions of this Act and its rules and regulations.
(d) The Division Board, and any person or persons to whom
it delegates this power, is vested with the authority to
investigate alleged violations of the provisions of this Act,
its reasonable rules and regulations, orders and final
decisions; the Division Board shall take appropriate
disciplinary action against any licensee or occupation
licensee for violation thereof or institute appropriate legal
action for the enforcement thereof.
(e) The Division Board, and any person or persons to whom
it delegates this power, may eject or exclude from any race
meeting or the facilities of any licensee, or any part
thereof, any occupation licensee or any other individual whose
conduct or reputation is such that his presence on those
facilities may, in the opinion of the Division Board, call
into question the honesty and integrity of horse racing or
wagering or interfere with the orderly conduct of horse racing

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or wagering; provided, however, that no person shall be
excluded or ejected from the facilities of any licensee solely
on the grounds of race, color, creed, national origin,
ancestry, or sex. The power to eject or exclude an occupation
licensee or other individual may be exercised for just cause
by the licensee or the Division Board, subject to subsequent
hearing by the Division Board as to the propriety of said
exclusion.
(f) The Division Board is vested with the power to
acquire, establish, maintain and operate (or provide by
contract to maintain and operate) testing laboratories and
related facilities, for the purpose of conducting saliva,
blood, urine and other tests on the horses run or to be run in
any horse race meeting, including races run at county fairs,
and to purchase all equipment and supplies deemed necessary or
desirable in connection with any such testing laboratories and
related facilities and all such tests.
(g) The Division Board may require that the records,
including financial or other statements of any licensee or any
person affiliated with the licensee who is involved directly
or indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other
statements relate to such activities be kept in such manner as
prescribed by the Division Board, and that Division Board
employees shall have access to those records during reasonable
business hours. Within 120 days of the end of its fiscal year,

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each licensee shall transmit to the Division Board an audit of
the financial transactions and condition of the licensee's
total operations. All audits shall be conducted by certified
public accountants. Each certified public accountant must be
registered in the State of Illinois under the Illinois Public
Accounting Act. The compensation for each certified public
accountant shall be paid directly by the licensee to the
certified public accountant. A licensee shall also submit any
other financial or related information the Division Board
deems necessary to effectively administer this Act and all
rules, regulations, and final decisions promulgated under this
Act.
(h) The Division Board shall name and appoint in the
manner provided by the rules and regulations of the Division
Board: an Executive Director; a State director of mutuels;
State veterinarians and representatives to take saliva, blood,
urine and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission
ticket sellers and mutuel clerks). All of those named and
appointed as provided in this subsection shall serve during
the pleasure of the Division Board; their compensation shall
be determined by the Division Board and be paid in the same
manner as other employees of the Division Board under this
Act.
(i) The Division Board shall require that there shall be 3
stewards at each horse race meeting, at least 2 of whom shall

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be named and appointed by the Board. Stewards appointed or
approved by the Division Board, while performing duties
required by this Act or by the Division Board, shall be
entitled to the same rights and immunities as granted to
Division Board members and Board employees in Section 10 of
this Act.
(j) The Division Board may discharge any Division Board
employee who fails or refuses for any reason to comply with the
rules and regulations of the Division Board, or who, in the
opinion of the Director Board, is guilty of fraud, dishonesty
or who is proven to be incompetent. The Division Board shall
have no right or power to determine who shall be officers,
directors or employees of any licensee, or their salaries
except the Division Board may, by rule, require that all or any
officials or employees in charge of or whose duties relate to
the actual running of races be approved by the Division Board.
(k) The Division Board is vested with the power to appoint
delegates to execute any of the powers granted to it under this
Section for the purpose of administering this Act and any
rules or regulations promulgated in accordance with this Act.
(l) The Division Board is vested with the power to impose
civil penalties of up to $5,000 against an individual and up to
$10,000 against a licensee for each violation of any provision
of this Act, any rules adopted by the Division Board, any order
of the Division Board or any other action which, in the
Director's Board's discretion, is a detriment or impediment to

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horse racing or wagering. Beginning on the date when any
organization licensee begins conducting gaming pursuant to an
organization gaming license issued under the Illinois Gambling
Act, the power granted to the Division Board pursuant to this
subsection (l) shall authorize the Division Board to impose
penalties of up to $10,000 against an individual and up to
$25,000 against a licensee. All such civil penalties shall be
deposited into the Horse Racing Fund.
(m) The Division Board is vested with the power to
prescribe a form to be used by licensees as an application for
employment for employees of each licensee.
(n) The Division Board shall have the power to issue a
license to any county fair, or its agent, authorizing the
conduct of the pari-mutuel system of wagering. The Division
Board is vested with the full power to promulgate reasonable
rules, regulations and conditions under which all horse race
meetings licensed pursuant to this subsection shall be held
and conducted, including rules, regulations and conditions for
the conduct of the pari-mutuel system of wagering. The rules,
regulations and conditions shall provide for the prevention of
practices detrimental to the public interest and for the best
interests of horse racing, and shall prescribe penalties for
violations thereof. Any authority granted the Division Board
under this Act shall extend to its jurisdiction and
supervision over county fairs, or their agents, licensed
pursuant to this subsection. However, the Division Board may

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waive any provision of this Act or its rules or regulations
which would otherwise apply to such county fairs or their
agents.
(o) Whenever the Division Board is authorized or required
by law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Illinois Department of State Police are is authorized to
furnish, pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
(p) To insure the convenience, comfort, and wagering
accessibility of race track patrons, to provide for the
maximization of State revenue, and to generate increases in
purse allotments to the horsemen, the Division Board shall
require any licensee to staff the pari-mutuel department with
adequate personnel.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/10) (from Ch. 8, par. 37-10)
Sec. 10. Any Division Board member or Board employee who
is subject to any civil action arising from any act executed by
him while serving as a Division Board member or Board employee
shall be represented by the Attorney General. All costs of

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defending such law suit and satisfaction of any judgment
rendered against a Division Board member or Board employee
shall be incurred by the Division Board. Any Division Board
member or Board employee is entitled to the benefit of this
Section provided the act was committed in good faith.
(Source: P.A. 79-1185.)
(230 ILCS 5/12) (from Ch. 8, par. 37-12)
Sec. 12. (a) Board members shall employ under the
"Personnel Code", as now or hereafter amended, such
representatives, accountants, clerks, stenographers,
inspectors, and other employees as may be necessary. No person
shall be appointed or hold any office or position under the
Division Board who, or any member of whose family, is:
(1) an official of, or has any financial or ownership
interest in any licensee or occupation licensee engaged in
conducting racing within this State, or,
(2) an owner, trainer, jockey, or harness driver of a
horse competing at a race meeting under the jurisdiction
of the Board.
(b) Any employee violating the prohibitions set forth in
subsection (a) of this Section shall be subject to the
termination of his or her employment. If the Division Board
determines that an employee is in violation of subsection (a)
of this Section and should be discharged, it must observe the
procedures outlined in the "Personnel Code", as now or

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hereafter amended, as they apply to discharge proceedings.
(c) No person employed by the Board during the 12 months
preceding the effective date of this Act shall be terminated
from employment due to a violation of the prohibitions set
forth in subsection (a) of this Section.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
Sec. 12.1. (a) The General Assembly finds that the
Illinois Racing Industry does not include a fair proportion of
minority or female workers.
Therefore, the General Assembly urges that the job
training institutes, trade associations and employers involved
in the Illinois Horse Racing Industry take affirmative action
to encourage equal employment opportunity to all workers
regardless of race, color, creed or sex.
Before an organization license, inter-track wagering
license or inter-track wagering location license can be
granted, the applicant for any such license shall execute and
file with the Division Board a good faith affirmative action
plan to recruit, train and upgrade minorities and females in
all classifications with the applicant for license. One year
after issuance of any such license, and each year thereafter,
the licensee shall file a report with the Division Board
evidencing and certifying compliance with the originally filed
affirmative action plan.

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(b) At least 10% of the total amount of all State contracts
for the infrastructure improvement of any race track grounds
in this State shall be let to minority-owned businesses or
women-owned businesses. "State contract", "minority-owned
business" and "women-owned business" shall have the meanings
ascribed to them under the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(Source: P.A. 100-391, eff. 8-25-17.)
(230 ILCS 5/12.2)
Sec. 12.2. Business enterprise program.
(a) For the purposes of this Section, the terms
"minority", "minority-owned business", "woman", "women-owned
business", "person with a disability", and "business owned by
a person with a disability" have the meanings ascribed to them
in the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act.
(b) The Division Board shall, by rule, establish goals for
the award of contracts by each organization licensee or
inter-track wagering licensee to businesses owned by
minorities, women, and persons with disabilities, expressed as
percentages of an organization licensee's or inter-track
wagering licensee's total dollar amount of contracts awarded
during each calendar year. Each organization licensee or
inter-track wagering licensee must make every effort to meet
the goals established by the Division Board pursuant to this

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Section. When setting the goals for the award of contracts,
the Division Board shall not include contracts where: (1)
licensees are purchasing goods or services from vendors or
suppliers or in markets where there are no or a limited number
of minority-owned businesses, women-owned businesses, or
businesses owned by persons with disabilities that would be
sufficient to satisfy the goal; (2) there are no or a limited
number of suppliers licensed by the Division Board; (3) the
licensee or its parent company owns a company that provides
the goods or services; or (4) the goods or services are
provided to the licensee by a publicly traded company.
(c) Each organization licensee or inter-track wagering
licensee shall file with the Division Board an annual report
of its utilization of minority-owned businesses, women-owned
businesses, and businesses owned by persons with disabilities
during the preceding calendar year. The reports shall include
a self-evaluation of the efforts of the organization licensee
or inter-track wagering licensee to meet its goals under this
Section.
(d) The organization licensee or inter-track wagering
licensee shall have the right to request a waiver from the
requirements of this Section. The Division Board shall grant
the waiver where the organization licensee or inter-track
wagering licensee demonstrates that there has been made a good
faith effort to comply with the goals for participation by
minority-owned businesses, women-owned businesses, and

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businesses owned by persons with disabilities.
(e) If the Division Board determines that its goals and
policies are not being met by any organization licensee or
inter-track wagering licensee, then the Division Board may:
(1) adopt remedies for such violations; and
(2) recommend that the organization licensee or
inter-track wagering licensee provide additional
opportunities for participation by minority-owned
businesses, women-owned businesses, and businesses owned
by persons with disabilities; such recommendations may
include, but shall not be limited to:
(A) assurances of stronger and better focused
solicitation efforts to obtain more minority-owned
businesses, women-owned businesses, and businesses
owned by persons with disabilities as potential
sources of supply;
(B) division of job or project requirements, when
economically feasible, into tasks or quantities to
permit participation of minority-owned businesses,
women-owned businesses, and businesses owned by
persons with disabilities;
(C) elimination of extended experience or
capitalization requirements, when programmatically
feasible, to permit participation of minority-owned
businesses, women-owned businesses, and businesses
owned by persons with disabilities;

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(D) identification of specific proposed contracts
as particularly attractive or appropriate for
participation by minority-owned businesses,
women-owned businesses, and businesses owned by
persons with disabilities, such identification to
result from and be coupled with the efforts of items
(A) through (C); and
(E) implementation of regulations established for
the use of the sheltered market process.
(f) The Division Board shall file, no later than March 1 of
each year, an annual report that shall detail the level of
achievement toward the goals specified in this Section over
the 3 most recent fiscal years. The annual report shall
include, but need not be limited to:
(1) a summary detailing expenditures subject to the
goals, the actual goals specified, and the goals attained
by each organization licensee or inter-track wagering
licensee;
(2) a summary of the number of contracts awarded and
the average contract amount by each organization licensee
or inter-track wagering licensee;
(3) an analysis of the level of overall goal
achievement concerning purchases from minority-owned
businesses, women-owned businesses, and businesses owned
by persons with disabilities;
(4) an analysis of the number of minority-owned

SB2254 - 123 - LRB102 15486 SMS 20849 b
businesses, women-owned businesses, and businesses owned
by persons with disabilities that are certified under the
program as well as the number of those businesses that
received State procurement contracts; and
(5) (blank).
(Source: P.A. 99-78, eff. 7-20-15; 99-891, eff. 1-1-17;
100-391, eff. 8-25-17.)
(230 ILCS 5/13) (from Ch. 8, par. 37-13)
Sec. 13. The Director shall serve as the executive officer
of the Division. executive director shall perform any and all
duties that the Board shall assign him. The salary of the
executive director shall be determined by the Board and, in
addition, he shall be reimbursed for all actual and necessary
expenses incurred by him in discharge of his official duties.
The Director executive director shall keep records of all
proceedings of the Board and shall preserve all records,
books, documents and other papers belonging to the Division
Board or entrusted to its care. The Director executive
director shall devote his full time to the duties of the office
and shall not hold any other office or employment.
(Source: P.A. 84-531.)
(230 ILCS 5/14) (from Ch. 8, par. 37-14)
Sec. 14. (a) (Blank). The Board shall hold regular and
special meetings at such times and places as may be necessary

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to perform properly and effectively all duties required under
this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for
the performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact, perform
or exercise en banc, except that upon order of the Board one of
the Board members may conduct the hearing provided in Section
16. The Board member conducting such hearing shall have all
powers and rights granted to the Board in this Act. The record
made at the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the Board
in such case.
(b) (Blank). The Board shall obtain a court reporter who
will be present at each regular and special meeting and
proceeding and who shall make accurate transcriptions thereof
except that when in the judgment of the Board an emergency
situation requires a meeting by teleconference, the executive
director shall prepare minutes of the meeting indicating the
date and time of the meeting and which members of the Board
were present or absent, summarizing all matters proposed,
deliberated, or decided at the meeting, and indicating the
results of all votes taken. The public shall be allowed to
listen to the proceedings of that meeting at all Board branch
offices.
(c) (Blank). The Board shall provide records which are

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separate and distinct from the records of any other State
board or commission. Such records shall be available for
public inspection and shall accurately reflect all Board
proceedings.
(d) The Division Board shall file a written annual report
with the Governor on or before March 1 each year and such
additional reports as the Governor may request. The annual
report shall include a statement of receipts and disbursements
by the Division Board, actions taken by the Division Board, a
report on the industry's progress toward the policy objectives
established in Section 1.2 of this Act, and any additional
information and recommendations which the Division Board may
deem valuable or which the Governor may request.
(e) The Division Board shall maintain a branch office on
the ground of every organization licensee during the
organization licensee's race meeting, which office shall be
kept open throughout the time the race meeting is held. The
Division Board shall designate one of its members, or an
authorized agent of the Division Board who shall have the
authority to act for the Division Board, to be in charge of the
branch office during the time it is required to be kept open.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/14a) (from Ch. 8, par. 37-14a)
Sec. 14a. The Division Board may employ hearing officers
qualified by professional training or previous experience

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according to rules established by the Division Board. The
Division Board shall also establish rules providing for the
disqualification of hearing officers for bias or conflict of
interest. Such hearing officers shall, under the direction of
the Division Board, take testimony of witnesses, examine
accounts, records, books, papers and facilities, either by
holding hearings or making independent investigations, in any
matter referred to them by the Division Board; and make report
thereof to the Division Board, and attend at hearings before
the Director Board when so directed by the Director Board, for
the purpose of explaining their investigations and the result
thereof to the Division Board and the parties interested; and
perform such other duties as the Division Board may direct,
subject to its orders. The Director Board may make final
administrative decisions based upon reports presented to it
and investigations and hearings conducted by hearing officers.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15. (a) The Division Board shall, in its discretion,
issue occupation licenses to horse owners, trainers, harness
drivers, jockeys, agents, apprentices, grooms, stable foremen,
exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Division Board
whose work, in whole or in part, is conducted upon facilities
within the State. Such occupation licenses will be obtained

SB2254 - 127 - LRB102 15486 SMS 20849 b
prior to the persons engaging in their vocation upon such
facilities. The Division Board shall not license pari-mutuel
clerks, parking attendants, security guards and employees of
concessionaires. No occupation license shall be required of
any person who works at facilities within this State as a
pari-mutuel clerk, parking attendant, security guard or as an
employee of a concessionaire. Concessionaires of the Illinois
State Fair and DuQuoin State Fair and employees of the
Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Division Board.
(b) Each application for an occupation license shall be on
forms prescribed by the Division Board. Such license, when
issued, shall be for the period ending December 31 of each
year, except that the Division Board in its discretion may
grant 3-year licenses. The application shall be accompanied by
a fee of not more than $25 per year or, in the case of 3-year
occupation license applications, a fee of not more than $60.
Each applicant shall set forth in the application his full
name and address, and if he had been issued prior occupation
licenses or has been licensed in any other state under any
other name, such name, his age, whether or not a permit or
license issued to him in any other state has been suspended or
revoked and if so whether such suspension or revocation is in
effect at the time of the application, and such other
information as the Division Board may require. Fees for
registration of stable names shall not exceed $50.00.

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Beginning on the date when any organization licensee begins
conducting gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act, the fee for
registration of stable names shall not exceed $150, and the
application fee for an occupation license shall not exceed
$75, per year or, in the case of a 3-year occupation license
application, the fee shall not exceed $180.
(c) The Division Board may in its discretion refuse an
occupation license to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties required
of such applicant;
(3) who fails to disclose or states falsely any
information called for in the application;
(4) who has been found guilty of a violation of this
Act or of the rules and regulations of the Division Board;
or
(5) whose license or permit has been suspended,
revoked or denied for just cause in any other state.
(d) The Division Board may suspend or revoke any
occupation license:
(1) for violation of any of the provisions of this
Act; or
(2) for violation of any of the rules or regulations
of the Division Board; or
(3) for any cause which, if known to the Division

SB2254 - 129 - LRB102 15486 SMS 20849 b
Board, would have justified the Division Board in refusing
to issue such occupation license; or
(4) for any other just cause.
(e) Each applicant shall submit his or her fingerprints
to the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois Department of State Police shall
charge a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois Department of State Police shall furnish,
pursuant to positive identification, records of conviction to
the Division Board. Each applicant for licensure shall submit
with his occupation license application, on forms provided by
the Division Board, 2 sets of his fingerprints. All such
applicants shall appear in person at the location designated
by the Division Board for the purpose of submitting such sets
of fingerprints; however, with the prior approval of a State
steward, an applicant may have such sets of fingerprints taken
by an official law enforcement agency and submitted to the
Division Board.
(f) The Division Board may, in its discretion, issue an
occupation license without submission of fingerprints if an

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applicant has been duly licensed in another recognized racing
jurisdiction after submitting fingerprints that were subjected
to a Federal Bureau of Investigation criminal history
background check in that jurisdiction.
(g) Beginning on the date when any organization licensee
begins conducting gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, the Division
Board may charge each applicant a reasonable nonrefundable fee
to defray the costs associated with the background
investigation conducted by the Division Board. This fee shall
be exclusive of any other fee or fees charged in connection
with an application for and, if applicable, the issuance of,
an organization gaming license. If the costs of the
investigation exceed the amount of the fee charged, the
Division Board shall immediately notify the applicant of the
additional amount owed, payment of which must be submitted to
the Division Board within 7 days after such notification. All
information, records, interviews, reports, statements,
memoranda, or other data supplied to or used by the Division
Board in the course of its review or investigation of an
applicant for a license or renewal under this Act shall be
privileged, strictly confidential, and shall be used only for
the purpose of evaluating an applicant for a license or a
renewal. Such information, records, interviews, reports,
statements, memoranda, or other data shall not be admissible
as evidence, nor discoverable, in any action of any kind in any

SB2254 - 131 - LRB102 15486 SMS 20849 b
court or before any tribunal, board, agency, or person, except
for any action deemed necessary by the Division Board.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
Sec. 15.1. Upon collection of the fee accompanying the
application for an occupation license, the Division Board
shall be authorized to make daily temporary deposits of the
fees, for a period not to exceed 7 days, with the horsemen's
bookkeeper at a race meeting. The horsemen's bookkeeper shall
issue a check, payable to the order of the Division of Horse
Racing Illinois Racing Board, for monies deposited under this
Section within 24 hours of receipt of the monies. Provided
however, upon the issuance of the check by the horsemen's
bookkeeper the check shall be deposited into the Horse Racing
Fund.
(Source: P.A. 97-1060, eff. 8-24-12.)
(230 ILCS 5/15.2) (from Ch. 8, par. 37-15.2)
Sec. 15.2. (a) No pari-mutuel clerk, parking attendant or
security guard employed by a licensee at a wagering facility
shall commit any of the following acts: theft; fraud; wagering
during the course of employment; touting; bookmaking; or any
other act which is detrimental to the best interests of racing
in Illinois. For purposes of this Section:
(1) "Theft" means the act of knowingly:

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(A) obtaining or exerting unauthorized control
over State revenue or revenue of a licensee; or
(B) by deception obtaining control over patron
dollars.
(2) "Fraud" means the act of knowingly providing
false, misleading or deceptive information to a federal,
State or local governmental body.
(3) "Wagering" means the act of placing a wager at a
wagering facility on the outcome of a horse race under the
jurisdiction of the Division Board by a pari-mutuel clerk
during the course of employment.
(4) "Touting" means the act of soliciting anything of
value in exchange for information regarding the outcome of
a horse race on which wagers are made at a wagering
facility under the jurisdiction of the Division Board.
(5) "Bookmaking" means the act of accepting a wager
from an individual with the intent to withhold the wager
from being placed by the individual at a wagering
facility.
(b) A licensee, or occupation licensee upon receiving
information that a pari-mutuel clerk, parking attendant or
security guard in his employ has been accused of committing
any act prohibited by subsection (a) of this Section shall:
(1) give immediate written notice of such accusation
to the stewards of the race meeting and to the accused
pari-mutuel clerk, parking attendant or security guard,

SB2254 - 133 - LRB102 15486 SMS 20849 b
and
(2) give written notice of such accusation within a
reasonable time to the Division Board.
The Division Board may impose a civil penalty authorized
by subsection (l) of Section 9 of this Act against a licensee
or occupation licensee who fails to give any notice required
by this subsection.
(c) Upon receiving the notice required by subsection (b)
of this Section the stewards shall conduct an inquiry into the
matter.
If the stewards determine that the accused has committed
any of the acts prohibited by subsection (a) of this Section,
they may exclude the accused or declare that person ineligible
for employment at any pari-mutuel race meeting or wagering
facility under the jurisdiction of the Division Board. A
person so excluded or declared ineligible for employment may
request a hearing before the Division Board as provided in
Section 16 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
Sec. 15.3. Any person who makes application for an
employment position as a pari-mutuel clerk, parking attendant
or security guard with a licensee, where such position would
involve work conducted in whole or in part at a wagering
facility within this State shall be required to fill out an

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employment application form prescribed by the Division
Illinois Racing Board. Such application form shall require the
applicant to state the following:
(a) whether the applicant has ever been convicted of a
felony offense under the laws of this State, the laws of any
other state, or the laws of the United States;
(b) whether the applicant has ever been convicted of a
misdemeanor offense under the laws of this State, the laws of
any other state, or the laws of the United States, which
offense involved dishonesty, fraud, deception or moral
turpitude;
(c) whether the applicant has ever been excluded by the
Division Board or any other jurisdiction where wagering is
conducted;
(d) whether the applicant has ever committed an act of
touting, bookmaking, theft, or fraud, as those terms are
defined in Section 15.2 of this Act; and
(e) any other information that the Division Board may deem
necessary to carry out the purposes of Public Act 84-1468.
The applicant shall sign the application form and certify
that, under the penalties of perjury of this State, the
statements set forth in the application form are true and
correct.
The licensee shall, upon its decision to hire the
applicant, forward a copy of the application form to the
Division Board. The Division Board shall review the

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application form immediately upon receipt.
The Division's Board's review of the application form
shall include an inquiry as to whether the applicant has been
accused of any of the acts prohibited under Section 15.2 of
this Act and, if the Division Board does find that the
applicant has been so accused, it shall conduct an
investigation to determine whether, by a standard of
reasonable certainty, the applicant committed the act. If the
Division Board determines that the applicant did commit any of
the acts prohibited under that Section, it may exclude the
applicant or declare that the applicant is ineligible for
employment.
The Division Board may declare an applicant ineligible for
employment if it finds that the applicant has been previously
excluded by the Division Board. In making such a declaration,
the Division Board shall consider: (a) the reasons the
applicant had been previously excluded; (b) the period of time
that has elapsed since the applicant was excluded; and (c) how
the previous exclusion relates to the applicant's ability to
perform the duties of the employment position for which he or
she is applying.
When the Division Board excludes an applicant or declares
an applicant ineligible for employment, it shall immediately
notify such applicant and the licensee of its action. A person
so excluded or declared ineligible for employment may request
a hearing before the Division Board in accordance with Section

SB2254 - 136 - LRB102 15486 SMS 20849 b
16 of this Act.
No licensee may employ a pari-mutuel clerk, parking
attendant or security guard at a wagering facility after such
licensee has been notified that such person has been declared
ineligible by the Division Board.
Nothing herein shall be construed to limit the Division's
Board's exclusionary authority under Section 16.
Sections 15.2 and 15.3 of this Act shall apply to any
person who holds an employment position as a pari-mutuel
clerk, parking attendant, or security guard subsequent to July
1, 1987 with a licensee. All such employees employed prior to
July 1, 1987 shall be required to file employment applications
with the Division Board, and the information required under
subparagraphs (a) through (e) of this Section pertaining to
conduct or activities prior to July 1, 1987 shall only be used
by the Division Board in its determination to exclude an
applicant or its declaration that an applicant is ineligible
for employment based on conduct that occurs after July 1,
1987.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.4) (from Ch. 8, par. 37-15.4)
Sec. 15.4. The Division Board shall take disciplinary
action authorized by subsection (d) of Section 9 of this Act or
impose a civil penalty authorized by subsection (1) of Section
9 of this Act against any licensee which requires, as a

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condition precedent to employment, membership in any labor
organization or association. Nothing in this Section shall
prohibit an agreement between a labor organization or
association and any such licensee which requires that, once
employed, an employee be a member of the labor organization or
association.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.5)
Sec. 15.5. Labor agreements.
(a) This Section applies to each entity subject to this
Act that has at least 10 employees on average over the 12
months preceding application for an organization gaming
license.
(b) Before an organization gaming license may be granted
or renewed, the applicant or licensee seeking an organization
gaming license or renewal shall:
(1) Enter into, and observe, the terms of a collective
bargaining agreement with any labor organization seeking
to represent a majority of the licensee's employees in a
bargaining unit consisting of all non-supervisory and
non-management employees in the classifications identified
by the labor organization. Any new employees hired by the
licensee who perform work substantially similar to current
employees in an existing bargaining unit already
represented by a labor organization at the facility shall

SB2254 - 138 - LRB102 15486 SMS 20849 b
be incorporated into that existing bargaining unit.
(2) Upon written notice by a labor organization of its
desire to represent employees in a designated bargaining
unit, the licensee shall:
(A) provide the names, classifications, and home
addresses of each and every employee in the identified
bargaining unit;
(B) refrain from expressing any views on the
question whether its employees should be represented
by a labor organization;
(C) refrain from restraining or coercing its
employees in choosing to be represented or not
represented by a labor organization; and
(D) allow designated representatives of the labor
organization access to its non-work areas for the
purpose of meeting privately with its employees during
non-working times.
(3) Upon a showing of majority interest, to be
certified through card check by the Federal Mediation and
Conciliation Service or from a designated arbitrator from
a permanent panel of arbitrators appointed by the Division
Illinois Racing Board, the licensee and the labor
organization shall immediately enter into negotiations for
a collective bargaining agreement.
(4) If the parties are unable to conclude a labor
agreement within 60 days following the date of

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certification, the terms of the agreement shall be set by
an arbitrator jointly selected by the parties from a panel
of arbitrators designated by the Division Illinois Racing
Board, who shall issue a final and binding award within
120 days after the date of certification, if the parties
fail to conclude an agreement by that date. Except with
regard to the minimum requirements in paragraph (5), the
arbitrator shall be guided by the terms of labor
agreements covering the same or similar classifications of
employees within 100 miles of the facility or facilities
for which the agreement is negotiated. The arbitrator
shall also resolve all disputes regarding the scope and
composition of the bargaining unit covered under the labor
agreement. The licensee and the labor organization shall
share equally the expenses of the arbitrator. No labor
agreement shall cover employees in a bargaining unit for
which another labor organization has been certified as a
bargaining representative under this Act and that
continues to actively represent such employees.
(5) All labor agreements required under this Section
shall, at a minimum, include a:
(A) term of at least 3 years;
(B) prohibition on strikes or other work stoppages
by the labor organization and the represented
employees during the term of the labor agreement; and
(C) restriction on subcontracting any work

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performed on or about the licensee's premises as part
of its normal operations except by mutual agreement
with the labor organization, and then only to a person
or firm that is signatory to a labor agreement with a
labor organization that has indicated its interest in
representing the employees of the subcontractor,
provided, the subcontractor's employees are not
lawfully represented by another labor organization.
(6) A copy of the fully executed labor agreement shall
be submitted to the Division Illinois Racing Board prior
to the issuance or renewal of any organization gaming
license required under this Act.
(c) Upon the expiration of a labor agreement required
under this Section, the parties shall negotiate a successor
agreement under the procedures set forth in paragraphs (4) and
(5) of subsection (b), except that the negotiation and
arbitration procedures shall commence upon the last effective
day of the expiring labor agreement.
(d) The provisions of this Section, except for paragraph
(2) of subsection (b), do not apply to any entity that is
covered, or subsequently becomes covered, under the National
Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in
this Act shall affect or diminish the validity and
enforceability of any collective bargaining agreement entered
into during the period that this Act applies.
(Source: P.A. 101-651, eff. 8-7-20.)

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(230 ILCS 5/16) (from Ch. 8, par. 37-16)
Sec. 16. (a) The Division Board shall, in accordance with
Section 15, have the power to revoke or suspend an occupation
license, and the steward or judges at a race meeting shall have
the power to suspend an occupation license of any horse owner,
trainer, harness driver, jockey, agent, apprentice, groom,
stable foreman, exercise boy, veterinarian, valet, blacksmith
or concessionaire whose work, in whole or in part, is
conducted at facilities within the State, or to determine the
eligibility for employment at a wagering facility of a
pari-mutuel clerk, parking attendant or security guard. The
Illinois Administrative Procedure Act shall not apply to the
actions of the Division Board or of the stewards or judges at a
race meeting, and those actions shall instead be subject to
the procedures outlined in subsections (b) through (e) of this
Section.
The Division Board may refuse to issue or may suspend the
occupation license of any person who fails to file a return, or
to pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(b) In the event the Division Board, for violation of the
provisions of this Act or the rules and regulations of the

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Division Board or other just cause, refuses, revokes or
suspends an occupation license, or a steward or the judges at
any race meeting suspend an occupation license of any horse
owner, trainer, harness driver, jockey, agent, apprentice,
groom, stable foreman, exercise person, veterinarian, valet,
blacksmith, concessionaire or other occupation licensee whose
work, in whole or in part is conducted at facilities within the
State and owned by a licensee, or declare a person ineligible
for employment, then the occupation license of the person or
his eligibility for employment shall be suspended pending a
hearing before the Director of the Board.
(c) The person affected by such action at any race meeting
may request a hearing before the Director Board within 5 days
after receipt of notice of the suspension from the Division
Board, the steward or the judges at any race meeting. The
hearing shall be held by the Director Board within 7 days after
such request has been received by the Director Board. Any
action of a steward or the judges with respect to any
occupation license or eligibility for employment may be heard
before the Director on his or her by the Board on its own
motion by giving the aggrieved party at least 3 days' notice in
writing of the time and place of the hearing.
(d) All hearings before the Director by the Board under
this Section shall be held at such place in the State as the
Director Board may designate and any notice provided for shall
be served by mailing it postage prepaid by certified mail to

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the parties affected. Any such notice so mailed is deemed to
have been served on the business day next following the date of
such mailing.
(e) The Director Board in conducting such hearings shall
not be bound by technical rules of evidence, but all evidence
offered before the Director Board shall be reduced to writing
and shall, with petition and exhibits, if any, and the
findings of the Director Board, be permanently preserved and
constitute the record of the Director Board in such case. The
Director Board may require that appellants bear reasonable
costs of the production of hearing transcripts. Any of the
parties affected in such hearing may be represented by counsel
and introduce evidence. At the request of the Director Board,
the Attorney General shall assist and participate in the
conduct of such hearing.
(f) The Director Every member of the Board has the power to
administer oaths and affirmations, certify all official acts,
issue subpoenas, compel the attendance and testimony of
witnesses and the production of papers, books, accounts, and
documents.
(g) Any person who is served with a subpoena (issued by the
Director Board or any member thereof) to appear and testify,
or to produce books, papers, accounts or documents in the
course of an inquiry or hearing conducted under this Act, and
who refuses or neglects to appear or to testify or to produce
books, papers, accounts and documents relative to the hearings

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as commanded in such subpoenas, may be punished by the Circuit
Court in the county where the violation is committed in the
same manner as the Circuit Court may punish such refusal or
neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Director
Board may petition the Circuit Court in the county where the
violation was committed for an order requiring the attendance
and testimony of witnesses or the production of documentary
evidence or both. A copy of such petition shall be served by
personal notice or by registered or certified mail upon the
person who has failed to obey that subpoena, and such person
shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that
notice before the judge occupying the courtroom on a specified
date and at a specified time.
(i) The court, upon the filing of such a petition, may
order the person refusing to obey the subpoena to appear
before the Director Board at a designated time, or to there
produce documentary evidence, if so ordered, or to give
evidence relating to the subject matter of the hearing. Any
failure to obey such order of the Circuit Court may be punished
by that court as a civil or criminal contempt upon itself.
(j) The Director Board, any member thereof or any
applicant may, in connection with any hearing before the
Director Board, cause the deposition of witnesses within or
without the State to be taken on oral or written

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interrogatories in the manner prescribed for depositions in
the courts of this State.
(k) At the conclusion of such hearing, the Director shall
make his or her Board shall make its findings which shall be
the basis of the refusal, suspension or revocation of the
occupation license or other action taken by the Division
Board. Such findings and the action of the Director Board
shall be final. However, the action of the Director Board and
the propriety thereof are subject to review under Section 46.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/18) (from Ch. 8, par. 37-18)
Sec. 18. (a) Together with its application, each applicant
for racing dates shall deliver to the Division Board a
certified check or bank draft payable to the order of the
Division Board for $1,000. In the event the applicant applies
for racing dates in 2 or 3 successive calendar years as
provided in subsection (b) of Section 21, the fee shall be
$2,000. Filing fees shall not be refunded in the event the
application is denied. Beginning on the date when any
organization licensee begins conducting gaming pursuant to an
organization gaming license issued under the Illinois Gambling
Act, the application fee for racing dates imposed by this
subsection (a) shall be $10,000 and the application fee for
racing dates in 2 or 3 successive calendar years as provided in
subsection (b) of Section 21 shall be $20,000. All filing fees

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shall be deposited into the Horse Racing Fund.
(b) In addition to the filing fee imposed by subsection
(a) and the fees provided in subsection (j) of Section 20, each
organization licensee shall pay a license fee of $100 for each
racing program on which its daily pari-mutuel handle is
$400,000 or more but less than $700,000, and a license fee of
$200 for each racing program on which its daily pari-mutuel
handle is $700,000 or more. The additional fees required to be
paid under this Section by this amendatory Act of 1982 shall be
remitted by the organization licensee to the Division Illinois
Racing Board with each day's graduated privilege tax or
pari-mutuel tax and breakage as provided under Section 27.
Beginning on the date when any organization licensee begins
conducting gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act, the license fee
imposed by this subsection (b) shall be $200 for each racing
program on which the organization licensee's daily pari-mutuel
handle is $100,000 or more, but less than $400,000, and the
license fee imposed by this subsection (b) shall be $400 for
each racing program on which the organization licensee's daily
pari-mutuel handle is $400,000 or more.
(c) Sections 11-42-1, 11-42-5, and 11-54-1 of the Illinois
Municipal Code shall not apply to any license under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/19) (from Ch. 8, par. 37-19)

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Sec. 19. (a) No organization license may be granted to
conduct a horse race meeting:
(1) except as provided in subsection (c) of Section 21
of this Act, to any person at any place within 35 miles of
any other place licensed by the Division Board to hold a
race meeting on the same date during the same hours, the
mileage measurement used in this subsection (a) shall be
certified to the Division Board by the Bureau of Systems
and Services in the Illinois Department of Transportation
as the most commonly used public way of vehicular travel;
(2) to any person in default in the payment of any
obligation or debt due the State under this Act, provided
no applicant shall be deemed in default in the payment of
any obligation or debt due to the State under this Act as
long as there is pending a hearing of any kind relevant to
such matter;
(3) to any person who has been convicted of the
violation of any law of the United States or any State law
which provided as all or part of its penalty imprisonment
in any penal institution; to any person against whom there
is pending a Federal or State criminal charge; to any
person who is or has been connected with or engaged in the
operation of any illegal business; to any person who does
not enjoy a general reputation in his community of being
an honest, upright, law-abiding person; provided that none
of the matters set forth in this subparagraph (3) shall

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make any person ineligible to be granted an organization
license if the Division Board determines, based on
circumstances of any such case, that the granting of a
license would not be detrimental to the interests of horse
racing and of the public;
(4) to any person who does not at the time of
application for the organization license own or have a
contract or lease for the possession of a finished race
track suitable for the type of racing intended to be held
by the applicant and for the accommodation of the public.
(b) (Blank).
(c) If any person is ineligible to receive an organization
license because of any of the matters set forth in subsection
(a) (2) or subsection (a) (3) of this Section, any other or
separate person that either (i) controls, directly or
indirectly, such ineligible person or (ii) is controlled,
directly or indirectly, by such ineligible person or by a
person which controls, directly or indirectly, such ineligible
person shall also be ineligible.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/19.5)
Sec. 19.5. Standardbred racetrack in Cook County.
Notwithstanding anything in this Act to the contrary, in
addition to organization licenses issued by the Division Board
on the effective date of this amendatory Act of the 101st

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General Assembly, the Division Board shall issue an
organization license limited to standardbred racing to a
racetrack located in one of the following townships of Cook
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
Worth. This additional organization license shall not be
issued within a 35-mile radius of another organization license
issued by the former Illinois Racing Board on the effective
date of this amendatory Act of the 101st General Assembly,
unless the person having operating control of such racetrack
has given written consent to the organization licensee
applicant, which consent must be filed with the Division Board
at or prior to the time application is made. The organization
license shall be granted upon application, and the licensee
shall have all of the current and future rights of existing
Illinois racetracks, including, but not limited to, the
ability to obtain an inter-track wagering license, the ability
to obtain inter-track wagering location licenses, the ability
to obtain an organization gaming license pursuant to the
Illinois Gambling Act with 1,200 gaming positions, and the
ability to offer Internet wagering on horse racing.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Division Board for an organization
license. The application shall be made on a form prescribed

SB2254 - 150 - LRB102 15486 SMS 20849 b
and furnished by the Division Board. The application shall
specify:
(1) the dates on which it intends to conduct the horse
race meeting, which dates shall be provided under Section
21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Division Board may
reasonably require.
(b) A separate application for an organization license
shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If the application
is made by individuals, then it shall be signed and verified
under oath by at least 2 of the individuals; if the application
is made by a partnership, an association, a corporation, a
corporate trustee, a limited liability company, or any other
entity, it shall be signed by an authorized officer, a
partner, a member, or a manager, as the case may be, of the
entity.
(c) The application shall specify:
(1) the name of the persons, association, trust, or
corporation making such application;

SB2254 - 151 - LRB102 15486 SMS 20849 b
(2) the principal address of the applicant;
(3) if the applicant is a trustee, the names and
addresses of the beneficiaries; if the applicant is a
corporation, the names and addresses of all officers,
stockholders and directors; or if such stockholders hold
stock as a nominee or fiduciary, the names and addresses
of the parties who are the beneficial owners thereof or
who are beneficially interested therein; if the applicant
is a partnership, the names and addresses of all partners,
general or limited; if the applicant is a limited
liability company, the names and addresses of the manager
and members; and if the applicant is any other entity, the
names and addresses of all officers or other authorized
persons of the entity.
(d) The applicant shall execute and file with the Division
Board a good faith affirmative action plan to recruit, train,
and upgrade minorities in all classifications within the
association.
(e) With such application there shall be delivered to the
Division Board a certified check or bank draft payable to the
order of the Division Board for an amount equal to $1,000. All
applications for the issuance of an organization license shall
be filed with the Division Board before August 1 of the year
prior to the year for which application is made and shall be
acted upon by the Division Board at a meeting to be held on
such date as shall be fixed by the Division Board during the

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last 15 days of September of such prior year. At such meeting,
the Division Board shall announce the award of the racing
meets, live racing schedule, and designation of host track to
the applicants and its approval or disapproval of each
application. No announcement shall be considered binding until
a formal order is executed by the Division Board, which shall
be executed no later than October 15 of that prior year. Absent
the agreement of the affected organization licensees, the
Division Board shall not grant overlapping race meetings to 2
or more tracks that are within 100 miles of each other to
conduct the thoroughbred racing.
(e-1) The Division Board shall award standardbred racing
dates to organization licensees with an organization gaming
license pursuant to the following schedule:
(1) For the first calendar year of operation of
gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, when a
single entity requests standardbred racing dates, the
Division Board shall award no fewer than 100 days of
racing. The 100-day requirement may be reduced to no fewer
than 80 days if no dates are requested for the first 3
months of a calendar year. If more than one entity
requests standardbred racing dates, the Division Board
shall award no fewer than 140 days of racing between the
applicants.
(2) For the second calendar year of operation of

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gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, when a
single entity requests standardbred racing dates, the
Division Board shall award no fewer than 100 days of
racing. The 100-day requirement may be reduced to no fewer
than 80 days if no dates are requested for the first 3
months of a calendar year. If more than one entity
requests standardbred racing dates, the Division Board
shall award no fewer than 160 days of racing between the
applicants.
(3) For the third calendar year of operation of
gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, and
each calendar year thereafter, when a single entity
requests standardbred racing dates, the Division Board
shall award no fewer than 120 days of racing. The 120-day
requirement may be reduced to no fewer than 100 days if no
dates are requested for the first 3 months of a calendar
year. If more than one entity requests standardbred racing
dates, the Division Board shall award no fewer than 200
days of racing between the applicants.
An organization licensee shall apply for racing dates
pursuant to this subsection (e-1). In awarding racing dates
under this subsection (e-1), the Division Board shall have the
discretion to allocate those standardbred racing dates among
these organization licensees.

SB2254 - 154 - LRB102 15486 SMS 20849 b
(e-2) The Division Board shall award thoroughbred racing
days to Cook County organization licensees pursuant to the
following schedule:
(1) During the first year in which only one
organization licensee is awarded an organization gaming
license, the Division Board shall award no fewer than 110
days of racing.
During the second year in which only one organization
licensee is awarded an organization gaming license, the
Division Board shall award no fewer than 115 racing days.
During the third year and every year thereafter, in
which only one organization licensee is awarded an
organization gaming license, the Division Board shall
award no fewer than 120 racing days.
(2) During the first year in which 2 organization
licensees are awarded an organization gaming license, the
Division Board shall award no fewer than 139 total racing
days.
During the second year in which 2 organization
licensees are awarded an organization gaming license, the
Division Board shall award no fewer than 160 total racing
days.
During the third year and every year thereafter in
which 2 organization licensees are awarded an organization
gaming license, the Division Board shall award no fewer
than 174 total racing days.

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A Cook County organization licensee shall apply for racing
dates pursuant to this subsection (e-2). In awarding racing
dates under this subsection (e-2), the Division Board shall
have the discretion to allocate those thoroughbred racing
dates among these Cook County organization licensees.
(e-3) In awarding racing dates for calendar year 2020 and
thereafter in connection with a racetrack in Madison County,
the Division Board shall award racing dates and such
organization licensee shall run at least 700 thoroughbred
races at the racetrack in Madison County each year.
Notwithstanding Section 7.7 of the Illinois Gambling Act
or any provision of this Act other than subsection (e-4.5),
for each calendar year for which an organization gaming
licensee located in Madison County requests racing dates
resulting in less than 700 live thoroughbred races at its
racetrack facility, the organization gaming licensee may not
conduct gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act for the calendar year
of such requested live races.
(e-4) Notwithstanding the provisions of Section 7.7 of the
Illinois Gambling Act or any provision of this Act other than
subsections (e-3) and (e-4.5), for each calendar year for
which an organization gaming licensee requests thoroughbred
racing dates which results in a number of live races under its
organization license that is less than the total number of
live races which it conducted in 2017 at its racetrack

SB2254 - 156 - LRB102 15486 SMS 20849 b
facility, the organization gaming licensee may not conduct
gaming pursuant to its organization gaming license for the
calendar year of such requested live races.
(e-4.1) Notwithstanding the provisions of Section 7.7 of
the Illinois Gambling Act or any provision of this Act other
than subsections (e-3) and (e-4.5), for each calendar year for
which an organization licensee requests racing dates for
standardbred racing which results in a number of live races
that is less than the total number of live races required in
subsection (e-1), the organization gaming licensee may not
conduct gaming pursuant to its organization gaming license for
the calendar year of such requested live races.
(e-4.5) The Division Board shall award the minimum live
racing guarantees contained in subsections (e-1), (e-2), and
(e-3) to ensure that each organization licensee shall
individually run a sufficient number of races per year to
qualify for an organization gaming license under this Act. The
General Assembly finds that the minimum live racing guarantees
contained in subsections (e-1), (e-2), and (e-3) are in the
best interest of the sport of horse racing, and that such
guarantees may only be reduced in the calendar year in which
they will be conducted in the limited circumstances described
in this subsection. The Division Board may decrease the number
of racing days without affecting an organization licensee's
ability to conduct gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act only if the

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Director Board determines, after notice and hearing, that:
(i) a decrease is necessary to maintain a sufficient
number of betting interests per race to ensure the
integrity of racing;
(ii) there are unsafe track conditions due to weather
or acts of God;
(iii) there is an agreement between an organization
licensee and the breed association that is applicable to
the involved live racing guarantee, such association
representing either the largest number of thoroughbred
owners and trainers or the largest number of standardbred
owners, trainers and drivers who race horses at the
involved organization licensee's racing meeting, so long
as the agreement does not compromise the integrity of the
sport of horse racing; or
(iv) the horse population or purse levels are
insufficient to provide the number of racing opportunities
otherwise required in this Act.
In decreasing the number of racing dates in accordance
with this subsection, the Director Board shall hold a hearing
and shall provide the public and all interested parties notice
and an opportunity to be heard. The Director Board shall
accept testimony from all interested parties, including any
association representing owners, trainers, jockeys, or drivers
who will be affected by the decrease in racing dates. The
Director Board shall provide a written explanation of the

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reasons for the decrease and the Board's findings. The written
explanation shall include a listing and content of all
communication between any party and any Division Illinois
Racing Board member or staff that does not take place at a
public hearing before the Director meeting of the Board.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the
Director Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly
or indirectly, that applicant;
(2) the applicant's facilities or proposed facilities
for conducting horse racing;
(3) the total revenue without regard to Section 32.1
to be derived by the State and horsemen from the
applicant's conducting a race meeting;
(4) the applicant's good faith affirmative action plan
to recruit, train, and upgrade minorities in all
employment classifications;
(5) the applicant's financial ability to purchase and

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maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization licensees
as provided in subsection (b) of Section 21 of this Act;
and
(8) the extent to which the applicant exceeds or meets
other standards for the issuance of an organization
license that the Division Board shall adopt by rule.
In granting organization licenses and allocating dates for
horse race meetings, the Division Board shall have discretion
to determine an overall schedule, including required
simulcasts of Illinois races by host tracks that will, in its
judgment, be conducive to the best interests of the public and
the sport of horse racing.
(e-10) The Illinois Administrative Procedure Act shall
apply to administrative procedures of the Director and the
Division Board under this Act for the granting of an
organization license, except that (1) notwithstanding the
provisions of subsection (b) of Section 10-40 of the Illinois
Administrative Procedure Act regarding cross-examination, the
Division Board may prescribe rules limiting the right of an
applicant or participant in any proceeding to award an
organization license to conduct cross-examination of witnesses
at that proceeding where that cross-examination would unduly

SB2254 - 160 - LRB102 15486 SMS 20849 b
obstruct the timely award of an organization license under
subsection (e) of Section 20 of this Act; (2) the provisions of
Section 10-45 of the Illinois Administrative Procedure Act
regarding proposals for decision are excluded under this Act;
(3) notwithstanding the provisions of subsection (a) of
Section 10-60 of the Illinois Administrative Procedure Act
regarding ex parte communications, the Division Board may
prescribe rules allowing ex parte communications with
applicants or participants in a proceeding to award an
organization license where conducting those communications
would be in the best interest of racing, provided all those
communications are made part of the record of that proceeding
pursuant to subsection (c) of Section 10-60 of the Illinois
Administrative Procedure Act; (4) the provisions of Section
14a of this Act and the rules of the Division Board promulgated
under that Section shall apply instead of the provisions of
Article 10 of the Illinois Administrative Procedure Act
regarding administrative law judges; and (5) the provisions of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that prevent summary suspension of a license
pending revocation or other action shall not apply.
(f) The Division Board may allot racing dates to an
organization licensee for more than one calendar year but for
no more than 3 successive calendar years in advance, provided
that the Division Board shall review such allotment for more
than one calendar year prior to each year for which such

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allotment has been made. The granting of an organization
license to a person constitutes a privilege to conduct a horse
race meeting under the provisions of this Act, and no person
granted an organization license shall be deemed to have a
vested interest, property right, or future expectation to
receive an organization license in any subsequent year as a
result of the granting of an organization license.
Organization licenses shall be subject to revocation if the
organization licensee has violated any provision of this Act
or the rules and regulations promulgated under this Act or has
been convicted of a crime or has failed to disclose or has
stated falsely any information called for in the application
for an organization license. Any organization license
revocation proceeding shall be in accordance with Section 16
regarding suspension and revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance of
the racing dates awarded by the Division Board as required
under part (1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked
under this Act, the Director Board, upon conducting an
emergency hearing as provided for in this Act, may reaward on
an emergency basis pursuant to rules established by the
Division Board, racing dates not accepted or the racing dates
associated with any suspension or revocation period to one or
more organization licensees, new applicants, or any
combination thereof, upon terms and conditions that the

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Division Board determines are in the best interest of racing,
provided, the organization licensees or new applicants
receiving the awarded racing dates file an acceptance of those
reawarded racing dates as required under paragraph (1) of
subsection (h) of this Section 20 and comply with the other
provisions of this Act. The Illinois Administrative Procedure
Act shall not apply to the administrative procedures of the
Division Board in conducting the emergency hearing and the
reallocation of racing dates on an emergency basis.
(g) (Blank).
(h) The Division Board shall send the applicant a copy of
its formally executed order by certified mail addressed to the
applicant at the address stated in his application, which
notice shall be mailed within 5 days of the date the formal
order is executed.
Each applicant notified shall, within 10 days after
receipt of the final executed order of the Division Board
awarding racing dates:
(1) file with the Division Board an acceptance of such
award in the form prescribed by the Division Board;
(2) pay to the Division Board an additional amount
equal to $110 for each racing date awarded; and
(3) file with the Division Board the bonds required in
Sections 21 and 25 at least 20 days prior to the first day
of each race meeting.
Upon compliance with the provisions of paragraphs (1), (2),

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and (3) of this subsection (h), the applicant shall be issued
an organization license.
If any applicant fails to comply with this Section or
fails to pay the organization license fees herein provided, no
organization license shall be issued to such applicant.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/20.1)
Sec. 20.1. Authority of licensees.
(a) Notwithstanding anything in this Act to the contrary,
an organization licensee shall have authority to:
(1) determine prices charged for goods and services;
(2) determine prices charged for wagering products,
subject to Sections 26 and 26.2 of this Act;
(3) determine its hours of operation, subject to at
least 30 days prior notice to the Division Board if such
hours are different than provided such licensee's racing
dates application; and
(4) otherwise manage its business operations.
(b) The Division Board may disapprove of any business
practices by organization licensees identified in subsection
(a) of this Section if the Division Board finds that such
practices are detrimental to the public interest.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/20.5)

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Sec. 20.5. (Repealed).
(Source: P.A. 89-16, eff. 5-30-95. Repealed by 91-40, eff.
6-25-99.)
(230 ILCS 5/21) (from Ch. 8, par. 37-21)
Sec. 21. (a) Applications for organization licenses must
be filed with the Division Board at a time and place prescribed
by the rules and regulations of the Division Board. The
Division Board shall examine the applications within 21 days
after the date allowed for filing with respect to their
conformity with this Act and such rules and regulations as may
be prescribed by the Division Board. If any application does
not comply with this Act or the rules and regulations
prescribed by the Division Board, such application may be
rejected and an organization license refused to the applicant,
or the Division Board may, within 21 days of the receipt of
such application, advise the applicant of the deficiencies of
the application under the Act or the rules and regulations of
the Division Board, and require the submittal of an amended
application within a reasonable time determined by the
Division Board; and upon submittal of the amended application
by the applicant, the Division Board may consider the
application consistent with the process described in
subsection (e-5) of Section 20 of this Act. If it is found to
be in compliance with this Act and the rules and regulations of
the Division Board, the Division Board may then issue an

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organization license to such applicant.
(b) The Division Board may exercise discretion in granting
racing dates to qualified applicants different from those
requested by the applicants in their applications. However, if
all eligible applicants for organization licenses whose tracks
are located within 100 miles of each other execute and submit
to the Division Board a written agreement among such
applicants as to the award of racing dates, including where
applicable racing programs, for up to 3 consecutive years,
then subject to annual review of each applicant's compliance
with Division Board rules and regulations, provisions of this
Act and conditions contained in annual dates orders issued by
the Division Board, the Division Board may grant such dates
and programs to such applicants as so agreed by them if the
Board determines that the grant of these racing dates is in the
best interests of racing. The Division Board shall treat any
such agreement as the agreement signatories' joint and several
application for racing dates during the term of the agreement.
(c) Where 2 or more applicants propose to conduct horse
race meetings within 35 miles of each other, as certified to
the Division Board under Section 19 (a) (1) of this Act, on
conflicting dates, the Division Board may determine and grant
the number of racing days to be awarded to the several
applicants in accordance with the provisions of subsection
(e-5) of Section 20 of this Act.
(d) (Blank).

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(e) Prior to the issuance of an organization license, the
applicant shall file with the Division Board a bond payable to
the State of Illinois in the sum of $200,000, executed by the
applicant and a surety company or companies authorized to do
business in this State, and conditioned upon the payment by
the organization licensee of all taxes due under Section 27,
other monies due and payable under this Act, all purses due and
payable, and that the organization licensee will upon
presentation of the winning ticket or tickets distribute all
sums due to the patrons of pari-mutuel pools. Beginning on the
date when any organization licensee begins conducting gaming
pursuant to an organization gaming license issued under the
Illinois Gambling Act, the amount of the bond required under
this subsection (e) shall be $500,000.
(f) Each organization license shall specify the person to
whom it is issued, the dates upon which horse racing is
permitted, and the location, place, track, or enclosure where
the horse race meeting is to be held.
(g) Any person who owns one or more race tracks within the
State may seek, in its own name, a separate organization
license for each race track.
(h) All racing conducted under such organization license
is subject to this Act and to the rules and regulations from
time to time prescribed by the Division Board, and every such
organization license issued by the Division Board shall
contain a recital to that effect.

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(i) Each such organization licensee may provide that at
least one race per day may be devoted to the racing of quarter
horses, appaloosas, arabians, or paints.
(j) In acting on applications for organization licenses,
the Division Board shall give weight to an organization
license which has implemented a good faith affirmative action
effort to recruit, train and upgrade minorities in all
classifications within the organization license.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/23) (from Ch. 8, par. 37-23)
Sec. 23. (a) The Division Board shall promulgate as part
of its rules and regulations a set of minimum standards
(including, but not limited to, a workers' compensation plan)
to be observed by race tracks.
(b) The failure of a person who has been awarded racing
dates to observe the minimum standards to be promulgated by
the Division Board under subsection (a) of this Section shall
result in the mandatory suspension of the organization license
of that person by the Division Board. The suspended
organization license of the person shall not be reinstated
until the minimum standards are observed. Those persons and
tracks which apply for dates shall not be granted organization
licenses if they are not in observance of the minimum
standards to be promulgated by the Division Board under
subsection (a) of this Section.

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The Division Board may refuse to issue or may suspend the
organization license of any person who fails to file a return,
or to pay the tax, penalty or interest shown in a filed return,
or to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(c) The Division Board shall consider the operational
needs of the Illinois State Fair and the DuQuoin State Fair as
this Section applies to the Illinois Department of
Agriculture. In considering the operational needs of the
Illinois Department of Agriculture, the Division Board may
waive any rule or portion of a rule when the physical
structure, improvement cost or other use of the facilities
prohibits compliance within this Act or the Division's Board's
rules.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/24) (from Ch. 8, par. 37-24)
Sec. 24. (a) No license shall be issued to or held by an
organization licensee unless all of its officers, directors,
and holders of ownership interests of at least 5% are first
approved by the Division Board. The Division Board shall not
give approval of an organization license application to any
person who has been convicted of or is under an indictment for
a crime of moral turpitude or has violated any provision of the

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racing law of this State or any rules of the Division Board.
(b) An organization licensee must notify the Division
Board within 10 days of any change in the holders of a direct
or indirect interest in the ownership of the organization
licensee. The Division Board may, after a hearing before the
Director, revoke the organization license of any person who
registers on its books or knowingly permits a direct or
indirect interest in the ownership of that person without
notifying the Division Board of the name of the holder in
interest within this period.
(c) In addition to the provisions of subsection (a) of
this Section, no person shall be granted an organization
license if any public official of the State or member of his or
her family holds any ownership or financial interest, directly
or indirectly, in the person.
(d) No person which has been granted an organization
license to hold a race meeting shall give to any public
official or member of his family, directly or indirectly, for
or without consideration, any interest in the person. The
Division Board shall, after a hearing before the Director,
revoke the organization license granted to a person which has
violated this subsection.
(e) (Blank).
(f) No organization licensee or concessionaire or officer,
director or holder or controller of 5% or more legal or
beneficial interest in any organization licensee or concession

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shall make any sort of gift or contribution that is prohibited
under Article 10 of the State Officials and Employees Ethics
Act or pay or give any money or other thing of value to any
person who is a public official, or a candidate or nominee for
public office if that payment or gift is prohibited under
Article 10 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/25) (from Ch. 8, par. 37-25)
Sec. 25. Admission charge; bond; fine.
(a) There shall be paid to the Division Board at such time
or times as it shall prescribe, the sum of fifteen cents (15�)
for each person entering the grounds or enclosure of each
organization licensee and inter-track wagering licensee upon a
ticket of admission except as provided in subsection (g) of
Section 27 of this Act. If tickets are issued for more than one
day then the sum of fifteen cents (15�) shall be paid for each
person using such ticket on each day that the same shall be
used. Provided, however, that no charge shall be made on
tickets of admission issued to and in the name of directors,
officers, agents or employees of the organization licensee, or
inter-track wagering licensee, or to owners, trainers,
jockeys, drivers and their employees or to any person or
persons entering the grounds or enclosure for the transaction
of business in connection with such race meeting. The
organization licensee or inter-track wagering licensee may, if

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it desires, collect such amount from each ticket holder in
addition to the amount or amounts charged for such ticket of
admission. Beginning on the date when any organization
licensee begins conducting gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act, the
admission charge imposed by this subsection (a) shall be 40
cents for each person entering the grounds or enclosure of
each organization licensee and inter-track wagering licensee
upon a ticket of admission, and if such tickets are issued for
more than one day, 40 cents shall be paid for each person using
such ticket on each day that the same shall be used.
(b) Accurate records and books shall at all times be kept
and maintained by the organization licensees and inter-track
wagering licensees showing the admission tickets issued and
used on each racing day and the attendance thereat of each
horse racing meeting. The Division Board or its duly
authorized representative or representatives shall at all
reasonable times have access to the admission records of any
organization licensee and inter-track wagering licensee for
the purpose of examining and checking the same and
ascertaining whether or not the proper amount has been or is
being paid the State of Illinois as herein provided. The
Division Board shall also require, before issuing any license,
that the licensee shall execute and deliver to it a bond,
payable to the State of Illinois, in such sum as it shall
determine, not, however, in excess of fifty thousand dollars

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($50,000), with a surety or sureties to be approved by it,
conditioned for the payment of all sums due and payable or
collected by it under this Section upon admission fees
received for any particular racing meetings. The Division
Board may also from time to time require sworn statements of
the number or numbers of such admissions and may prescribe
blanks upon which such reports shall be made. Any organization
licensee or inter-track wagering licensee failing or refusing
to pay the amount found to be due as herein provided, shall be
deemed guilty of a business offense and upon conviction shall
be punished by a fine of not more than five thousand dollars
($5,000) in addition to the amount due from such organization
licensee or inter-track wagering licensee as herein provided.
All fines paid into court by an organization licensee or
inter-track wagering licensee found guilty of violating this
Section shall be transmitted and paid over by the clerk of the
court to the Division Board. Beginning on the date when any
organization licensee begins conducting gaming pursuant to an
organization gaming license issued under the Illinois Gambling
Act, any fine imposed pursuant to this subsection (b) shall
not exceed $10,000.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel

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system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
in accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Division Board, licensees
may supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Division Board, any licensee may accept wagers in advance of
the day of the race wagered upon occurs.
(b) Except for those gaming activities for which a license
is obtained and authorized under the Illinois Lottery Law, the
Charitable Games Act, the Raffles and Poker Runs Act, or the
Illinois Gambling Act, no other method of betting, pool
making, wagering or gambling shall be used or permitted by the
licensee. Each licensee may retain, subject to the payment of
all applicable taxes and purses, an amount not to exceed 17% of
all money wagered under subsection (a) of this Section, except
as may otherwise be permitted under this Act.
(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized under
this Act provided that wager is electronically recorded in the
manner described in Section 3.12 of this Act. Any wager made

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electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) (Blank).
(c-5) The sum held by any licensee for payment of
outstanding pari-mutuel tickets, if unclaimed prior to
December 31 of the next year, shall be retained by the licensee
for payment of such tickets until that date. Within 10 days
thereafter, the balance of such sum remaining unclaimed, less
any uncashed supplements contributed by such licensee for the
purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be evenly distributed to the purse
account of the organization licensee and the organization
licensee, except that the balance of the sum of all
outstanding pari-mutuel tickets generated from simulcast
wagering and inter-track wagering by an organization licensee
located in a county with a population in excess of 230,000 and
borders the Mississippi River or any licensee that derives its
license from that organization licensee shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December
31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.

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(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax
equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee, and
such privilege tax shall be remitted to the Department of
Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined
pari-mutuel pool with the organization licensee, the tax shall
be 10% of all monies received by the organization licensee

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with 25% of the receipts from this 10% tax to be distributed to
the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with wagering
pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the
Division Board. The Division Board may prohibit a simulcast
program only if it finds that the simulcast program is clearly
adverse to the integrity of racing. The host track simulcast
program shall include the signal of live racing of all
organization licensees. All non-host licensees and advance
deposit wagering licensees shall carry the signal of and
accept wagers on live racing of all organization licensees.
Advance deposit wagering licensees shall not be permitted to
accept out-of-state wagers on any Illinois signal provided
pursuant to this Section without the approval and consent of
the organization licensee providing the signal. For one year
after August 15, 2014 (the effective date of Public Act

SB2254 - 177 - LRB102 15486 SMS 20849 b
98-968), non-host licensees may carry the host track simulcast
program and shall accept wagers on all races included as part
of the simulcast program of horse races conducted at race
tracks located within North America upon which wagering is
permitted. For a period of one year after August 15, 2014 (the
effective date of Public Act 98-968), on horse races conducted
at race tracks located outside of North America, non-host
licensees may accept wagers on all races included as part of
the simulcast program upon which wagering is permitted.
Beginning August 15, 2015 (one year after the effective date
of Public Act 98-968), non-host licensees may carry the host
track simulcast program and shall accept wagers on all races
included as part of the simulcast program upon which wagering
is permitted. All organization licensees shall provide their
live signal to all advance deposit wagering licensees for a
simulcast commission fee not to exceed 6% of the advance
deposit wagering licensee's Illinois handle on the
organization licensee's signal without prior approval by the
Division Board. The Division Board may adopt rules under which
it may permit simulcast commission fees in excess of 6%. The
Division Board shall adopt rules limiting the interstate
commission fees charged to an advance deposit wagering
licensee. The Division Board shall adopt rules regarding
advance deposit wagering on interstate simulcast races that
shall reflect, among other things, the General Assembly's
desire to maximize revenues to the State, horsemen purses, and

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organization licensees. However, organization licensees
providing live signals pursuant to the requirements of this
subsection (g) may petition the Division Board to withhold
their live signals from an advance deposit wagering licensee
if the organization licensee discovers and the Division Board
finds reputable or credible information that the advance
deposit wagering licensee is under investigation by another
state or federal governmental agency, the advance deposit
wagering licensee's license has been suspended in another
state, or the advance deposit wagering licensee's license is
in revocation proceedings in another state. The organization
licensee's provision of their live signal to an advance
deposit wagering licensee under this subsection (g) pertains
to wagers placed from within Illinois. Advance deposit
wagering licensees may place advance deposit wagering
terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with
interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of
the Division Board. The Division Board shall promulgate rules

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under which it may permit interstate commission fees in excess
of 5%. The interstate commission fee and other fees charged by
the sending racetrack, including, but not limited to,
satellite decoder fees, shall be uniformly applied to the host
track and all non-host licensees.
Notwithstanding any other provision of this Act, an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may maintain a
system whereby advance deposit wagering may take place or an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may contract with
another person to carry out a system of advance deposit
wagering. Such consent may not be unreasonably withheld. Only
with respect to an appeal to the Division Board that consent
for an organization licensee that maintains its own advance
deposit wagering system is being unreasonably withheld, the
Division Board shall issue a final order within 30 days after
initiation of the appeal, and the organization licensee's
advance deposit wagering system may remain operational during
that 30-day period. The actions of any organization licensee
who conducts advance deposit wagering or any person who has a
contract with an organization licensee to conduct advance

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deposit wagering who conducts advance deposit wagering on or
after January 1, 2013 and prior to June 7, 2013 (the effective
date of Public Act 98-18) taken in reliance on the changes made
to this subsection (g) by Public Act 98-18 are hereby
validated, provided payment of all applicable pari-mutuel
taxes are remitted to the Division Board. All advance deposit
wagers placed from within Illinois must be placed through a
Division-approved Board-approved advance deposit wagering
licensee; no other entity may accept an advance deposit wager
from a person within Illinois. All advance deposit wagering is
subject to any rules adopted by the Division Board. The
Division Board may adopt rules necessary to regulate advance
deposit wagering through the use of emergency rulemaking in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act. The General Assembly finds that the adoption of
rules to regulate advance deposit wagering is deemed an
emergency and necessary for the public interest, safety, and
welfare. An advance deposit wagering licensee may retain all
moneys as agreed to by contract with an organization licensee.
Any moneys retained by the organization licensee from advance
deposit wagering, not including moneys retained by the advance
deposit wagering licensee, shall be paid 50% to the
organization licensee's purse account and 50% to the
organization licensee. With the exception of any organization
licensee that is owned by a publicly traded company that is
incorporated in a state other than Illinois and advance

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deposit wagering licensees under contract with such
organization licensees, organization licensees that maintain
advance deposit wagering systems and advance deposit wagering
licensees that contract with organization licensees shall
provide sufficiently detailed monthly accountings to the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting so that
the horsemen association, as an interested party, can confirm
the accuracy of the amounts paid to the purse account at the
horsemen association's affiliated organization licensee from
advance deposit wagering. If more than one breed races at the
same race track facility, then the 50% of the moneys to be paid
to an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Division Board grants to that
breed at that race track facility in the current calendar
year. To the extent any fees from advance deposit wagering
conducted in Illinois for wagers in Illinois or other states
have been placed in escrow or otherwise withheld from wagers
pending a determination of the legality of advance deposit
wagering, no action shall be brought to declare such wagers or
the disbursement of any fees previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
inter-track wagering licensee other than the host track

SB2254 - 182 - LRB102 15486 SMS 20849 b
may supplement the host track simulcast program with
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Division Board shall withhold
approval for a supplemental interstate simulcast only if
it finds that the simulcast is clearly adverse to the
integrity of racing. A supplemental interstate simulcast
may be transmitted from an inter-track wagering licensee
to its affiliated non-host licensees. The interstate
commission fee for a supplemental interstate simulcast
shall be paid by the non-host licensee and its affiliated
non-host licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Division
Board finds that the simulcast is clearly adverse to the
integrity of racing. Consent granted under this paragraph
(2) to any inter-track wagering licensee shall be deemed
consent to all non-host licensees. The interstate
commission fee for the supplemental interstate simulcast
shall be paid by all participating non-host licensees.
(3) Each licensee conducting interstate simulcast

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wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Division Board. All licensees combining their gross pools
at a sending racetrack shall adopt the takeout percentages
of the sending racetrack. A licensee may also establish a
separate pool and takeout structure for wagering purposes
on races conducted at race tracks outside of the State of
Illinois. The licensee may permit pari-mutuel wagers
placed in other states or countries to be combined with

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its gross or net wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of this
Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section 26.2
shall be divided as follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Division Board approval, which shall be

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withheld only upon a finding that a supplemental
interstate simulcast is clearly adverse to the integrity
of racing.
(7) Effective January 1, 2017, notwithstanding any
provision of this Act to the contrary, after payment of
all applicable State and local taxes and interstate
commission fees, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses
and (2) are generated between the hours of 6:30 p.m. and
6:30 a.m. during that calendar year shall be paid as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Division Board at
least as many racing dates as were conducted in
calendar year 2000, 80% shall be paid to its

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thoroughbred purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to standardbred purses under this Act, and
shall not be commingled with other moneys paid into
that Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses
and (2) are generated between the hours of 6:30 a.m. and
6:30 p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at

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that racetrack requests from the Division Board at
least as many racing dates as were conducted in
calendar year 2000, 80% shall be deposited into its
standardbred purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to thoroughbred purses under this Act, and
shall not be commingled with other moneys deposited
into that Fund.
(7.3) (Blank).
(7.4) (Blank).
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in

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a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate commission
fees, the remainder of the amount retained from simulcast
wagering otherwise attributable to the host track and to
host track purses shall be split daily between the 2
organization licensees and the purses at the tracks of the
2 organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Division Board shall have authority to compel
all host tracks to receive the simulcast of any or all
races conducted at the Springfield or DuQuoin State

SB2254 - 189 - LRB102 15486 SMS 20849 b
fairgrounds and include all such races as part of their
simulcast programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Division Board certifies in writing to
the wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing
dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the

SB2254 - 190 - LRB102 15486 SMS 20849 b
sums available or anticipated to be available in the purse
account of the race track affiliated with the wagering
facility for purses during the succeeding year; and (iii)
the need to ensure reasonable purse levels during the
payment period. The Division's Board's certification shall
be provided no later than January 31 of the succeeding
year. In the event a wagering facility entitled to a
payment under this paragraph (13) is affiliated with a
race track that maintains purse accounts for both
standardbred and thoroughbred racing, the amount to be
paid to the wagering facility shall be divided between
each purse account pro rata, based on the amount of
Illinois handle on Illinois standardbred and thoroughbred
racing respectively at the wagering facility during the
previous calendar year. Annually, the General Assembly
shall appropriate sufficient funds from the General
Revenue Fund to the Department of Agriculture for payment
into the thoroughbred and standardbred horse racing purse
accounts at Illinois pari-mutuel tracks. The amount paid
to each purse account shall be the amount certified by the
Division Illinois Racing Board in January to be
transferred from each account to each eligible racing
facility in accordance with the provisions of this
Section. Beginning in the calendar year in which an
organization licensee that is eligible to receive payment
under this paragraph (13) begins to receive funds from

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gaming pursuant to an organization gaming license issued
under the Illinois Gambling Act, the amount of the payment
due to all wagering facilities licensed under that
organization licensee under this paragraph (13) shall be
the amount certified by the Division Board in January of
that year. An organization licensee and its related
wagering facilities shall no longer be able to receive
payments under this paragraph (13) beginning in the year
subsequent to the first year in which the organization
licensee begins to receive funds from gaming pursuant to
an organization gaming license issued under the Illinois
Gambling Act.
(h) The Division Board may approve and license the conduct
of inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993

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may be issued an inter-track wagering license; (iii) at a
track awarded standardbred racing dates; or (iv) at a
track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Division Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An eligible racetrack conducting standardbred
racing may have up to 16 inter-track wagering locations.

SB2254 - 193 - LRB102 15486 SMS 20849 b
An application for said license shall be filed with the
Division Board prior to such dates as may be fixed by the
Division Board. With an application for an inter-track
wagering location license there shall be delivered to the
Division Board a certified check or bank draft payable to
the order of the Division Board for an amount equal to
$500. The application shall be on forms prescribed and
furnished by the Division Board. The application shall
comply with all other rules, regulations and conditions
imposed by the Division Board in connection therewith.
(2) The Division Board shall examine the applications
with respect to their conformity with this Act and the
rules and regulations imposed by the Division Board. If
found to be in compliance with the Act and rules and
regulations of the Division Board, the Division Board may
then issue a license to conduct inter-track wagering and
simulcast wagering to such applicant. All such
applications shall be acted upon by the Division Board at
a meeting to be held on such date as may be fixed by the
Division Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Division Board shall
give due consideration to the best interests of the
public, of horse racing, and of maximizing revenue to the
State.
(4) Prior to the issuance of a license to conduct

SB2254 - 194 - LRB102 15486 SMS 20849 b
inter-track wagering and simulcast wagering, the applicant
shall file with the Division Board a bond payable to the
State of Illinois in the sum of $50,000, executed by the
applicant and a surety company or companies authorized to
do business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all sums
payable to the patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Division Board, and every such license
issued by the Division Board shall contain a recital to
that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 4 miles from a

SB2254 - 195 - LRB102 15486 SMS 20849 b
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Division Board at or prior
to the time application is made. In the case of any
inter-track wagering location licensee initially licensed
after December 31, 2013, inter-track wagering and
simulcast wagering shall not be conducted by those
inter-track wagering location licensees that are located
outside the City of Chicago at any location within 8 miles
of any race track at which a horse race meeting has been
licensed in the current year, unless the person having
operating control of such race track has given its written
consent to such inter-track wagering location licensees,
which consent must be filed with the Division Board at or
prior to the time application is made.

SB2254 - 196 - LRB102 15486 SMS 20849 b
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 100 feet of an existing
church, an existing elementary or secondary public school,
or an existing elementary or secondary private school
registered with or recognized by the State Board of
Education. The distance of 100 feet shall be measured to
the nearest part of any building used for worship
services, education programs, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within
100 feet of a church or school if such church or school has
been erected or established after the Division Board
issues the original inter-track wagering location license
at the site in question. Inter-track wagering location
licensees may conduct inter-track wagering and simulcast
wagering only in areas that are zoned for commercial or
manufacturing purposes or in areas for which a special use
has been approved by the local zoning authority. However,
no license to conduct inter-track wagering and simulcast
wagering shall be granted by the Division Board with
respect to any inter-track wagering location within the
jurisdiction of any local zoning authority which has, by
ordinance or by resolution, prohibited the establishment
of an inter-track wagering location within its

SB2254 - 197 - LRB102 15486 SMS 20849 b
jurisdiction. However, inter-track wagering and simulcast
wagering may be conducted at a site if such ordinance or
resolution is enacted after the Division Board licenses
the original inter-track wagering location licensee for
the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each
program of racing conducted by each inter-track wagering
licensee or inter-track wagering location licensee shall
be considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county
in which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay
2% of the pari-mutuel handle from such location to such
county. Inter-track wagering location licensees must pay

SB2254 - 198 - LRB102 15486 SMS 20849 b
the handle percentage required under this paragraph to the
municipality and county no later than the 20th of the
month following the month such handle was generated.
(10.2) Notwithstanding any other provision of this
Act, with respect to inter-track wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for

SB2254 - 199 - LRB102 15486 SMS 20849 b
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and
expenses in connection with the gathering, transmission,
and dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track wagering licensee that derives its license
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an inter-track wagering licensee that accepts wagers on
races conducted by an organization licensee that conducts
a race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with that organization
licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State;
(ii) 4.75% of the pari-mutuel handle on inter-track
wagering at such location on races as purses, except that

SB2254 - 200 - LRB102 15486 SMS 20849 b
an inter-track wagering location licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi
River shall retain all purse moneys for its own purse
account consistent with distribution set forth in this
subsection (h), and inter-track wagering location
licensees that accept wagers on races conducted by an
organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January 1,
2000, except as provided in subsection (g) of Section 27
of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is

SB2254 - 201 - LRB102 15486 SMS 20849 b
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of
this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track
or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata share
of the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall be further
redistributed, effective January 1, 2017, as provided in
paragraph (7) of subsection (g) of this Section 26, with
the portion of that further redistribution allocated to
purses at that organization licensee to be divided between
standardbred purses and thoroughbred purses based on the
amounts otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of

SB2254 - 202 - LRB102 15486 SMS 20849 b
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an inter-track wagering
location licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River shall not divide
any remaining retention with the organization licensee
that provides the race or races and an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a race
meet in a county with a population in excess of 230,000 and
that borders the Mississippi River shall not divide any
remaining retention with the organization licensee.
Notwithstanding the provisions of clauses (ii) and (iv) of
this paragraph, in the case of the additional inter-track
wagering location licenses authorized under paragraph (1)
of this subsection (h) by Public Act 87-110, those
licensees shall pay the following amounts as purses:
during the first 12 months the licensee is in operation,
5.25% of the pari-mutuel handle wagered at the location on
races; during the second 12 months, 5.25%; during the
third 12 months, 5.75%; during the fourth 12 months,
6.25%; and during the fifth 12 months and thereafter,
6.75%. The following amounts shall be retained by the

SB2254 - 203 - LRB102 15486 SMS 20849 b
licensee to satisfy all costs and expenses of conducting
its wagering: during the first 12 months the licensee is
in operation, 8.25% of the pari-mutuel handle wagered at
the location; during the second 12 months, 8.25%; during
the third 12 months, 7.75%; during the fourth 12 months,
7.25%; and during the fifth 12 months and thereafter,
6.75%. For additional inter-track wagering location
licensees authorized under Public Act 89-16, purses for
the first 12 months the licensee is in operation shall be
5.75% of the pari-mutuel wagered at the location, purses
for the second 12 months the licensee is in operation
shall be 6.25%, and purses thereafter shall be 6.75%. For
additional inter-track location licensees authorized under
Public Act 89-16, the licensee shall be allowed to retain
to satisfy all costs and expenses: 7.75% of the
pari-mutuel handle wagered at the location during its
first 12 months of operation, 7.25% during its second 12
months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,

SB2254 - 204 - LRB102 15486 SMS 20849 b
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of
88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization

SB2254 - 205 - LRB102 15486 SMS 20849 b
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track
wagering location licensee is located in such a park
district) or to conservation districts for museum
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district but is included within a

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conservation district and is the county seat of a
county that (i) is contiguous to the state of Indiana
and (ii) has a 1990 population of 88,257 according to
the United States Bureau of the Census, except that if
the conservation district does not maintain a museum,
the monies shall be allocated equally between the
county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for park
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district and park maintenance is the
function of the municipal recreation board and the
municipality has a 1990 population of 9,302 according
to the United States Bureau of the Census); provided
that the monies are distributed to each park district
or conservation district or municipality that does not
have a park district in an amount equal to
four-sevenths of the amount collected by each
inter-track wagering location licensee within the park
district or conservation district or municipality for
the Fund. Monies that were paid into the Horse Racing
Tax Allocation Fund before August 9, 1991 (the
effective date of Public Act 87-110) by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is

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included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110), be allocated and paid to that conservation
district as provided in this paragraph. Any park
district or municipality not maintaining a museum may
deposit the monies in the corporate fund of the park
district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee

SB2254 - 208 - LRB102 15486 SMS 20849 b
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall

SB2254 - 209 - LRB102 15486 SMS 20849 b
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section
2 of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track wagering, the monies so retained shall be
divided as follows:
(i) If the inter-track wagering licensee,

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except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
not conducting its own race meeting during the
same dates, then the entire purse allocation shall
be to purses at the track where the races wagered
on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the
races wagered on are being conducted; 50% to
purses at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for

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Illinois races shall be to purses at the track
where the race meeting being wagered on is being
held.
(12) The Division Board shall have all powers
necessary and proper to fully supervise and control the
conduct of inter-track wagering and simulcast wagering by
inter-track wagering licensees and inter-track wagering
location licensees, including, but not limited to, the
following:
(A) The Division Board is vested with power to
promulgate reasonable rules and regulations for the
purpose of administering the conduct of this wagering
and to prescribe reasonable rules, regulations and
conditions under which such wagering shall be held and
conducted. Such rules and regulations are to provide
for the prevention of practices detrimental to the
public interest and for the best interests of said
wagering and to impose penalties for violations
thereof.
(B) The Division Board, and any person or persons
to whom it delegates this power, is vested with the
power to enter the facilities of any licensee to
determine whether there has been compliance with the
provisions of this Act and the rules and regulations
relating to the conduct of such wagering.
(C) The Division Board, and any person or persons

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to whom it delegates this power, may eject or exclude
from any licensee's facilities, any person whose
conduct or reputation is such that his presence on
such premises may, in the opinion of the Division
Board, call into the question the honesty and
integrity of, or interfere with the orderly conduct of
such wagering; provided, however, that no person shall
be excluded or ejected from such premises solely on
the grounds of race, color, creed, national origin,
ancestry, or sex.
(D) (Blank).
(E) The Division Board is vested with the power to
appoint delegates to execute any of the powers granted
to it under this Section for the purpose of
administering this wagering and any rules and
regulations promulgated in accordance with this Act.
(F) The Division Board shall name and appoint a
State director of this wagering who shall be a
representative of the Division Board and whose duty it
shall be to supervise the conduct of inter-track
wagering as may be provided for by the rules and
regulations of the Division Board; such rules and
regulation shall specify the method of appointment and
the Director's powers, authority and duties.
(G) The Division Board is vested with the power to
impose civil penalties of up to $5,000 against

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individuals and up to $10,000 against licensees for
each violation of any provision of this Act relating
to the conduct of this wagering, any rules adopted by
the Division Board, any order of the Division Board or
any other action which in the Division's Board's
discretion, is a detriment or impediment to such
wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State
Fair which are in addition to the licensee's previously
approved racing program, those races shall be considered a
separate racing day for the purpose of determining the
daily handle and computing the privilege or pari-mutuel
tax on that daily handle as provided in Sections 27 and
27.1. Such agreements shall be approved by the Division
Board before such wagering may be conducted. In
determining whether to grant approval, the Division Board
shall give due consideration to the best interests of the
public and of horse racing. The provisions of paragraphs

SB2254 - 214 - LRB102 15486 SMS 20849 b
(1), (8), (8.1), and (8.2) of subsection (h) of this
Section which are not specified in this paragraph (13)
shall not apply to licensed race meetings conducted by the
Department of Agriculture at the Illinois State Fair in
Sangamon County or the DuQuoin State Fair in Perry County,
or to any wagering conducted on those race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated
by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,
2016 (the effective date of Public Act 99-757). The
licensee shall retain its status in relation to purse
distribution under paragraph (11) of this subsection (h)
following the transfer to the new entity. The pari-mutuel
tax credit under Section 32.1 shall not be applied toward
any pari-mutuel tax obligation of the inter-track wagering
location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on
all days, except as limited by subsection (b) of Section 19 of
this Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18;
100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff.
7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised
9-27-19.)

SB2254 - 215 - LRB102 15486 SMS 20849 b
(230 ILCS 5/26.9)
Sec. 26.9. Beginning on February 1, 2014, in addition to
the surcharge imposed in Sections 26.3, 26.4, 26.5, 26.7, and
26.8 of this Act, each licensee shall impose a surcharge of
0.2% on winning wagers and winnings from wagers. The surcharge
shall be deducted from winnings prior to payout. All amounts
collected from the surcharges imposed under this Section shall
be remitted to the Division Board. From amounts collected
under this Section, the Division Board shall deposit an amount
not to exceed $100,000 annually into the Quarter Horse Purse
Fund and all remaining amounts into the Horse Racing Fund.
(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19.)
(230 ILCS 5/27) (from Ch. 8, par. 37-27)
Sec. 27. (a) In addition to the organization license fee
provided by this Act, until January 1, 2000, a graduated
privilege tax is hereby imposed for conducting the pari-mutuel
system of wagering permitted under this Act. Until January 1,
2000, except as provided in subsection (g) of Section 27 of
this Act, all of the breakage of each racing day held by any
licensee in the State shall be paid to the State. Until January
1, 2000, such daily graduated privilege tax shall be paid by
the licensee from the amount permitted to be retained under
this Act. Until January 1, 2000, each day's graduated
privilege tax, breakage, and Horse Racing Tax Allocation funds

SB2254 - 216 - LRB102 15486 SMS 20849 b
shall be remitted to the Department of Revenue within 48 hours
after the close of the racing day upon which it is assessed or
within such other time as the Division Board prescribes. The
privilege tax hereby imposed, until January 1, 2000, shall be
a flat tax at the rate of 2% of the daily pari-mutuel handle
except as provided in Section 27.1.
In addition, every organization licensee, except as
provided in Section 27.1 of this Act, which conducts multiple
wagering shall pay, until January 1, 2000, as a privilege tax
on multiple wagers an amount equal to 1.25% of all moneys
wagered each day on such multiple wagers, plus an additional
amount equal to 3.5% of the amount wagered each day on any
other multiple wager which involves a single betting interest
on 3 or more horses. The licensee shall remit the amount of
such taxes to the Department of Revenue within 48 hours after
the close of the racing day on which it is assessed or within
such other time as the Division Board prescribes.
This subsection (a) shall be inoperative and of no force
and effect on and after January 1, 2000.
(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
at the rate of 1.5% of the daily pari-mutuel handle is imposed
at all pari-mutuel wagering facilities and on advance deposit
wagering from a location other than a wagering facility,
except as otherwise provided for in this subsection (a-5). In
addition to the pari-mutuel tax imposed on advance deposit
wagering pursuant to this subsection (a-5), beginning on

SB2254 - 217 - LRB102 15486 SMS 20849 b
August 24, 2012 (the effective date of Public Act 97-1060), an
additional pari-mutuel tax at the rate of 0.25% shall be
imposed on advance deposit wagering. Until August 25, 2012,
the additional 0.25% pari-mutuel tax imposed on advance
deposit wagering by Public Act 96-972 shall be deposited into
the Quarter Horse Purse Fund, which shall be created as a
non-appropriated trust fund administered by the Division Board
for grants to thoroughbred organization licensees for payment
of purses for quarter horse races conducted by the
organization licensee. Beginning on August 26, 2012, the
additional 0.25% pari-mutuel tax imposed on advance deposit
wagering shall be deposited into the Standardbred Purse Fund,
which shall be created as a non-appropriated trust fund
administered by the Division Board, for grants to the
standardbred organization licensees for payment of purses for
standardbred horse races conducted by the organization
licensee. Thoroughbred organization licensees may petition the
Division Board to conduct quarter horse racing and receive
purse grants from the Quarter Horse Purse Fund. The Division
Board shall have complete discretion in distributing the
Quarter Horse Purse Fund to the petitioning organization
licensees. Beginning on July 26, 2010 (the effective date of
Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
the daily pari-mutuel handle is imposed at a pari-mutuel
facility whose license is derived from a track located in a
county that borders the Mississippi River and conducted live

SB2254 - 218 - LRB102 15486 SMS 20849 b
racing in the previous year. The pari-mutuel tax imposed by
this subsection (a-5) shall be remitted to the Department of
Revenue within 48 hours after the close of the racing day upon
which it is assessed or within such other time as the Division
Board prescribes.
(a-10) Beginning on the date when an organization licensee
begins conducting gaming pursuant to an organization gaming
license, the following pari-mutuel tax is imposed upon an
organization licensee on Illinois races at the licensee's
racetrack:
1.5% of the pari-mutuel handle at or below the average
daily pari-mutuel handle for 2011.
2% of the pari-mutuel handle above the average daily
pari-mutuel handle for 2011 up to 125% of the average
daily pari-mutuel handle for 2011.
2.5% of the pari-mutuel handle 125% or more above the
average daily pari-mutuel handle for 2011 up to 150% of
the average daily pari-mutuel handle for 2011.
3% of the pari-mutuel handle 150% or more above the
average daily pari-mutuel handle for 2011 up to 175% of
the average daily pari-mutuel handle for 2011.
3.5% of the pari-mutuel handle 175% or more above the
average daily pari-mutuel handle for 2011.
The pari-mutuel tax imposed by this subsection (a-10)
shall be remitted to the Division Board within 48 hours after
the close of the racing day upon which it is assessed or within

SB2254 - 219 - LRB102 15486 SMS 20849 b
such other time as the Division Board prescribes.
(b) On or before December 31, 1999, in the event that any
organization licensee conducts 2 separate programs of races on
any day, each such program shall be considered a separate
racing day for purposes of determining the daily handle and
computing the privilege tax on such daily handle as provided
in subsection (a) of this Section.
(c) Licensees shall at all times keep accurate books and
records of all monies wagered on each day of a race meeting and
of the taxes paid to the Department of Revenue under the
provisions of this Section. The Division Board or its duly
authorized representative or representatives shall at all
reasonable times have access to such records for the purpose
of examining and checking the same and ascertaining whether
the proper amount of taxes is being paid as provided. The
Division Board shall require verified reports and a statement
of the total of all monies wagered daily at each wagering
facility upon which the taxes are assessed and may prescribe
forms upon which such reports and statement shall be made.
(d) Before a license is issued or re-issued, the licensee
shall post a bond in the sum of $500,000 to the State of
Illinois. The bond shall be used to guarantee that the
licensee faithfully makes the payments, keeps the books and
records, and makes reports, and conducts games of chance in
conformity with this Act and the rules adopted by the Division
Board. The bond shall not be canceled by a surety on less than

SB2254 - 220 - LRB102 15486 SMS 20849 b
30 days' notice in writing to the Division Board. If a bond is
canceled and the licensee fails to file a new bond with the
Division Board in the required amount on or before the
effective date of cancellation, the licensee's license shall
be revoked. The total and aggregate liability of the surety on
the bond is limited to the amount specified in the bond.
(e) No other license fee, privilege tax, excise tax, or
racing fee, except as provided in this Act, shall be assessed
or collected from any such licensee by the State.
(f) No other license fee, privilege tax, excise tax or
racing fee shall be assessed or collected from any such
licensee by units of local government except as provided in
paragraph 10.1 of subsection (h) and subsection (f) of Section
26 of this Act. However, any municipality that has a
Division-licensed Board licensed horse race meeting at a race
track wholly within its corporate boundaries or a township
that has a Division-licensed Board licensed horse race meeting
at a race track wholly within the unincorporated area of the
township may charge a local amusement tax not to exceed 10� per
admission to such horse race meeting by the enactment of an
ordinance. However, any municipality or county that has a
Division-licensed Board licensed inter-track wagering location
facility wholly within its corporate boundaries may each
impose an admission fee not to exceed $1.00 per admission to
such inter-track wagering location facility, so that a total
of not more than $2.00 per admission may be imposed. Except as

SB2254 - 221 - LRB102 15486 SMS 20849 b
provided in subparagraph (g) of Section 27 of this Act, the
inter-track wagering location licensee shall collect any and
all such fees. Inter-track wagering location licensees must
pay the admission fees required under this subsection (f) to
the municipality and county no later than the 20th of the month
following the month such admission fees were imposed. as the
Board prescribes
(g) Notwithstanding any provision in this Act to the
contrary, if in any calendar year the total taxes and fees from
wagering on live racing and from inter-track wagering required
to be collected from licensees and distributed under this Act
to all State and local governmental authorities exceeds the
amount of such taxes and fees distributed to each State and
local governmental authority to which each State and local
governmental authority was entitled under this Act for
calendar year 1994, then the first $11 million of that excess
amount shall be allocated at the earliest possible date for
distribution as purse money for the succeeding calendar year.
Upon reaching the 1994 level, and until the excess amount of
taxes and fees exceeds $11 million, the Division Board shall
direct all licensees to cease paying the subject taxes and
fees and the Division Board shall direct all licensees to
allocate any such excess amount for purses as follows:
(i) the excess amount shall be initially divided
between thoroughbred and standardbred purses based on the
thoroughbred's and standardbred's respective percentages

SB2254 - 222 - LRB102 15486 SMS 20849 b
of total Illinois live wagering in calendar year 1994;
(ii) each thoroughbred and standardbred organization
licensee issued an organization licensee in that
succeeding allocation year shall be allocated an amount
equal to the product of its percentage of total Illinois
live thoroughbred or standardbred wagering in calendar
year 1994 (the total to be determined based on the sum of
1994 on-track wagering for all organization licensees
issued organization licenses in both the allocation year
and the preceding year) multiplied by the total amount
allocated for standardbred or thoroughbred purses,
provided that the first $1,500,000 of the amount allocated
to standardbred purses under item (i) shall be allocated
to the Department of Agriculture to be expended with the
assistance and advice of the Illinois Standardbred
Breeders Funds Advisory Board for the purposes listed in
subsection (g) of Section 31 of this Act, before the
amount allocated to standardbred purses under item (i) is
allocated to standardbred organization licensees in the
succeeding allocation year.
To the extent the excess amount of taxes and fees to be
collected and distributed to State and local governmental
authorities exceeds $11 million, that excess amount shall be
collected and distributed to State and local authorities as
provided for under this Act.
(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19;

SB2254 - 223 - LRB102 15486 SMS 20849 b
101-52, eff. 7-12-19; revised 8-28-19.)
(230 ILCS 5/27.2)
Sec. 27.2. Withholding of delinquent child support.
(a) From winnings required to be reported to the Internal
Revenue Service and subject to withholding on Form W-2G,
organization licensees and advance deposit wagering licensees
licensed under this Act shall withhold up to the full amount of
winnings necessary to pay the winner's past due child support
amount as certified by the Department of Healthcare and Family
Services under Section 10-17.15 of the Illinois Public Aid
Code. Amounts withheld shall be paid to the Department of
Healthcare and Family Services by the organization licensee or
the advance deposit wagering licensee, as applicable.
(b) For withholding of winnings, the organization licensee
or advance deposit wagering licensee shall be entitled to an
administrative fee not to exceed the lesser of 4% of the total
amount of cash winnings paid to the gambling winner or $150.
(c) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total
cash winnings claimed by the obligor. If the cash payout
claimed is greater than the amount sufficient to satisfy the
obligor's delinquent child support payments, the organization
licensee or advance deposit wagering licensee shall pay the
obligor the remaining balance of the payout, less the
administrative fee authorized by subsection (b) of this

SB2254 - 224 - LRB102 15486 SMS 20849 b
Section, at the time it is claimed.
(d) An organization licensee or an advance deposit
wagering licensee that in good faith complies with the
requirements of this Section shall not be liable to the gaming
winner or any other individual or entity.
(e) For an organization licensee under this Act, an agent
of the Division Board (such as an employee of the Division
Board) shall be responsible for notifying the person
identified as being delinquent in child support payments that
the organization licensee is required by law to withhold all
or a portion of his or her winnings. This notification must be
provided at the time the winnings are withheld.
(f) The provisions of this Section shall be operative on
and after the date that rules are adopted by the Department of
Healthcare and Family Services pursuant to Section 10-17.15 of
the Illinois Public Aid Code.
(g) The delinquent child support required to be withheld
under this Section and the administrative fee under subsection
(b) of this Section have priority over any secured or
unsecured claim on cash winnings, except claims for federal or
State taxes that are required to be withheld under federal or
State law.
(Source: P.A. 98-318, eff. 8-12-13.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section

SB2254 - 225 - LRB102 15486 SMS 20849 b
27 of this Act, moneys collected shall be distributed
according to the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition, Auditorium and Office Building Fund
in the State Treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State
treasury into a special Fund to be known as the Metropolitan
Exposition, Auditorium and Office Building Fund.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid
each month into the Build Illinois Fund, and the remainder
into the Fair and Exposition Fund. All excess monies shall be
allocated to the Department of Agriculture for distribution to
county fairs for premiums and rehabilitation as set forth in
the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid

SB2254 - 226 - LRB102 15486 SMS 20849 b
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established
in Section 32.
(h) All other monies received by the Division Board under
this Act shall be paid into the Horse Racing Fund.
(i) The salaries of the Division Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Division Board, and all
expenses of the Division Board incident to the administration
of this Act, including, but not limited to, all expenses and
salaries incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Division
Board shall be paid out of the Agricultural Premium Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the

SB2254 - 227 - LRB102 15486 SMS 20849 b
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded
and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties
in this State and making an appropriation therefor",
approved July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control

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of the Department of Agriculture;
(9) (blank);
(10) for the expenses of the Department of Commerce
and Economic Opportunity under Sections 605-620, 605-625,
and 605-630 of the Department of Commerce and Economic
Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of veterans with disabilities of
any war and their surviving spouses and orphans;
(13) for expenses of the Department of State Police
for duties performed under this Act;
(14) for the Department of Agriculture for soil
surveys and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and
operating expenses authorized by the Illinois Global
Partnership Act.
(k) To the extent that monies paid by the Division Board to
the Agricultural Premium Fund are in the opinion of the
Governor in excess of the amount necessary for the purposes

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herein stated, the Governor shall notify the Comptroller and
the State Treasurer of such fact, who, upon receipt of such
notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
(230 ILCS 5/28.1)
Sec. 28.1. Payments.
(a) Beginning on January 1, 2000, moneys collected by the
Department of Revenue and the Division Racing Board pursuant
to Section 26 or Section 27 of this Act shall be deposited into
the Horse Racing Fund, which is hereby created as a special
fund in the State Treasury.
(b) Appropriations, as approved by the General Assembly,
may be made from the Horse Racing Fund to the Division Board to
pay the salaries of the Division Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Division Board, and all
expenses of the Division Board incident to the administration
of this Act, including, but not limited to, all expenses and
salaries incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Division
Board.
(c) (Blank).

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(d) Beginning January 1, 2000, payments to all programs in
existence on the effective date of this amendatory Act of 1999
that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
of Section 30, and subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of Section 31 shall be made from the General
Revenue Fund at the funding levels determined by amounts paid
under this Act in calendar year 1998. Beginning on the
effective date of this amendatory Act of the 93rd General
Assembly, payments to the Peoria Park District shall be made
from the General Revenue Fund at the funding level determined
by amounts paid to that park district for museum purposes
under this Act in calendar year 1994.
If an inter-track wagering location licensee's facility
changes its location, then the payments associated with that
facility under this subsection (d) for museum purposes shall
be paid to the park district in the area where the facility
relocates, and the payments shall be used for museum purposes.
If the facility does not relocate to a park district, then the
payments shall be paid to the taxing district that is
responsible for park or museum expenditures.
(e) Beginning July 1, 2006, the payment authorized under
subsection (d) to museums and aquariums located in park
districts of over 500,000 population shall be paid to museums,
aquariums, and zoos in amounts determined by Museums in the
Park, an association of museums, aquariums, and zoos located

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on Chicago Park District property.
(f) Beginning July 1, 2007, the Children's Discovery
Museum in Normal, Illinois shall receive payments from the
General Revenue Fund at the funding level determined by the
amounts paid to the Miller Park Zoo in Bloomington, Illinois
under this Section in calendar year 2006.
(Source: P.A. 98-624, eff. 1-29-14.)
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
Sec. 30. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of thoroughbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality thoroughbred horses to participate in
thoroughbred racing meetings in this State, and to establish
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
(b) Each organization licensee conducting a thoroughbred
racing meeting pursuant to this Act shall provide at least two
races each day limited to Illinois conceived and foaled horses
or Illinois foaled horses or both. A minimum of 6 races shall
be conducted each week limited to Illinois conceived and
foaled or Illinois foaled horses or both. No horses shall be
permitted to start in such races unless duly registered under

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the rules of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled and Illinois foaled horses
available. If, however, sufficient competition cannot be had
among horses of that class on any day, the races may, with
consent of the Division Board, be eliminated for that day and
substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Thoroughbred Breeders
Fund.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly, the Illinois Thoroughbred Breeders
Fund shall become a non-appropriated trust fund held separate
from State moneys. Expenditures from this Fund shall no longer
be subject to appropriation.
Except as provided in subsection (g) of Section 27 of this
Act, 8.5% of all the monies received by the State as privilege
taxes on Thoroughbred racing meetings shall be paid into the
Illinois Thoroughbred Breeders Fund.
Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Thoroughbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
the effective date of this amendatory Act of the 101st General
Assembly shall be in addition to tax and fee amounts paid under

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this Section for calendar year 2019 and thereafter.
(e) The Illinois Thoroughbred Breeders Fund shall be
administered by the Department of Agriculture with the advice
and assistance of the Advisory Board created in subsection (f)
of this Section.
(f) The Illinois Thoroughbred Breeders Fund Advisory Board
shall consist of the Director of the Department of
Agriculture, who shall serve as Chairman; The Director or his
or her designee a member of the Illinois Racing Board,
designated by it; 2 representatives of the organization
licensees conducting thoroughbred racing meetings, recommended
by them; 2 representatives of the Illinois Thoroughbred
Breeders and Owners Foundation, recommended by it; one
representative of the Horsemen's Benevolent Protective
Association; and one representative from the Illinois
Thoroughbred Horsemen's Association. Advisory Board members
shall serve for 2 years commencing January 1 of each odd
numbered year. If representatives of the organization
licensees conducting thoroughbred racing meetings, the
Illinois Thoroughbred Breeders and Owners Foundation, the
Horsemen's Benevolent Protection Association, and the Illinois
Thoroughbred Horsemen's Association have not been recommended
by January 1, of each odd numbered year, the Director of the
Department of Agriculture shall make an appointment for the
organization failing to so recommend a member of the Advisory
Board. Advisory Board members shall receive no compensation

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for their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in
the execution of their official duties.
(g) Monies expended from the Illinois Thoroughbred
Breeders Fund shall be expended by the Department of
Agriculture, with the advice and assistance of the Illinois
Thoroughbred Breeders Fund Advisory Board, for the following
purposes only:
(1) To provide purse supplements to owners of horses
participating in races limited to Illinois conceived and
foaled and Illinois foaled horses. Any such purse
supplements shall not be included in and shall be paid in
addition to any purses, stakes, or breeders' awards
offered by each organization licensee as determined by
agreement between such organization licensee and an
organization representing the horsemen. No monies from the
Illinois Thoroughbred Breeders Fund shall be used to
provide purse supplements for claiming races in which the
minimum claiming price is less than $7,500.
(2) To provide stakes and awards to be paid to the
owners of the winning horses in certain races limited to
Illinois conceived and foaled and Illinois foaled horses
designated as stakes races.
(2.5) To provide an award to the owner or owners of an
Illinois conceived and foaled or Illinois foaled horse
that wins a maiden special weight, an allowance, overnight

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handicap race, or claiming race with claiming price of
$10,000 or more providing the race is not restricted to
Illinois conceived and foaled or Illinois foaled horses.
Awards shall also be provided to the owner or owners of
Illinois conceived and foaled and Illinois foaled horses
that place second or third in those races. To the extent
that additional moneys are required to pay the minimum
additional awards of 40% of the purse the horse earns for
placing first, second or third in those races for Illinois
foaled horses and of 60% of the purse the horse earns for
placing first, second or third in those races for Illinois
conceived and foaled horses, those moneys shall be
provided from the purse account at the track where earned.
(3) To provide stallion awards to the owner or owners
of any stallion that is duly registered with the Illinois
Thoroughbred Breeders Fund Program whose duly registered
Illinois conceived and foaled offspring wins a race
conducted at an Illinois thoroughbred racing meeting other
than a claiming race, provided that the stallion stood
service within Illinois at the time the offspring was
conceived and that the stallion did not stand for service
outside of Illinois at any time during the year in which
the offspring was conceived.
(4) To provide $75,000 annually for purses to be
distributed to county fairs that provide for the running
of races during each county fair exclusively for the

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thoroughbreds conceived and foaled in Illinois. The
conditions of the races shall be developed by the county
fair association and reviewed by the Department with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. There shall be no wagering
of any kind on the running of Illinois conceived and
foaled races at county fairs.
(4.1) To provide purse money for an Illinois stallion
stakes program.
(5) No less than 90% of all monies expended from the
Illinois Thoroughbred Breeders Fund shall be expended for
the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
as shown above.
(6) To provide for educational programs regarding the
thoroughbred breeding industry.
(7) To provide for research programs concerning the
health, development and care of the thoroughbred horse.
(8) To provide for a scholarship and training program
for students of equine veterinary medicine.
(9) To provide for dissemination of public information
designed to promote the breeding of thoroughbred horses in
Illinois.
(10) To provide for all expenses incurred in the
administration of the Illinois Thoroughbred Breeders Fund.
(h) The Illinois Thoroughbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not

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limited to, those authorized under Section 8h of the State
Finance Act.
(i) A sum equal to 13% of the first prize money of every
purse won by an Illinois foaled or Illinois conceived and
foaled horse in races not limited to Illinois foaled horses or
Illinois conceived and foaled horses, or both, shall be paid
by the organization licensee conducting the horse race
meeting. Such sum shall be paid 50% from the organization
licensee's share of the money wagered and 50% from the purse
account as follows: 11 1/2% to the breeder of the winning horse
and 1 1/2% to the organization representing thoroughbred
breeders and owners who representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum equal to
21 1/2% of the first prize money of every purse won by an
Illinois foaled or an Illinois conceived and foaled horse in
races not limited to an Illinois conceived and foaled horse,
or both, shall be paid 30% from the organization licensee's
account and 70% from the purse account as follows: 20% to the

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breeder of the winning horse and 1 1/2% to the organization
representing thoroughbred breeders and owners whose
representatives serve on the Illinois Thoroughbred Breeders
Fund Advisory Board for verifying the amounts of breeders'
awards earned, ensuring their distribution in accordance with
this Act, and servicing and promoting the Illinois
Thoroughbred racing industry. The organization representing
thoroughbred breeders and owners shall cause all expenditures
of monies received under this subsection (i) to be audited at
least annually by a registered public accountant. The
organization shall file copies of each annual audit with the
Division Racing Board, the Clerk of the House of
Representatives and the Secretary of the Senate, and shall
make copies of each annual audit available to the public upon
request and upon payment of the reasonable cost of
photocopying the requested number of copies. Such payments
shall not reduce any award to the owner of the horse or reduce
the taxes payable under this Act. Upon completion of its
racing meet, each organization licensee shall deliver to the
organization representing thoroughbred breeders and owners
whose representative serves on the Illinois Thoroughbred
Breeders Fund Advisory Board a listing of all the Illinois
foaled and the Illinois conceived and foaled horses which won
breeders' awards and the amount of such breeders' awards under
this subsection to verify accuracy of payments and assure
proper distribution of breeders' awards in accordance with the

SB2254 - 239 - LRB102 15486 SMS 20849 b
provisions of this Act. Such payments shall be delivered by
the organization licensee within 30 days of the end of each
race meeting.
(j) A sum equal to 13% of the first prize money won in
every race limited to Illinois foaled horses or Illinois
conceived and foaled horses, or both, shall be paid in the
following manner by the organization licensee conducting the
horse race meeting, 50% from the organization licensee's share
of the money wagered and 50% from the purse account as follows:
11 1/2% to the breeders of the horses in each such race which
are the official first, second, third, and fourth finishers
and 1 1/2% to the organization representing thoroughbred
breeders and owners whose representatives serve on the
Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, ensuring
their proper distribution in accordance with this Act, and
servicing and promoting the Illinois horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum of 21
1/2% of every purse in a race limited to Illinois foaled horses
or Illinois conceived and foaled horses, or both, shall be
paid by the organization licensee conducting the horse race
meeting. Such sum shall be paid 30% from the organization

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licensee's account and 70% from the purse account as follows:
20% to the breeders of the horses in each such race who are
official first, second, third and fourth finishers and 1 1/2%
to the organization representing thoroughbred breeders and
owners whose representatives serve on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their proper
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry. The
organization representing thoroughbred breeders and owners
shall cause all expenditures of moneys received under this
subsection (j) to be audited at least annually by a registered
public accountant. The organization shall file copies of each
annual audit with the Division Racing Board, the Clerk of the
House of Representatives and the Secretary of the Senate, and
shall make copies of each annual audit available to the public
upon request and upon payment of the reasonable cost of
photocopying the requested number of copies. The copies of the
audit to the General Assembly shall be filed with the Clerk of
the House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and the
Secretary shall direct.
The amounts paid to the breeders in accordance with this
subsection shall be distributed as follows:
(1) 60% of such sum shall be paid to the breeder of the
horse which finishes in the official first position;

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(2) 20% of such sum shall be paid to the breeder of the
horse which finishes in the official second position;
(3) 15% of such sum shall be paid to the breeder of the
horse which finishes in the official third position; and
(4) 5% of such sum shall be paid to the breeder of the
horse which finishes in the official fourth position.
Such payments shall not reduce any award to the owners of a
horse or reduce the taxes payable under this Act. Upon
completion of its racing meet, each organization licensee
shall deliver to the organization representing thoroughbred
breeders and owners whose representative serves on the
Illinois Thoroughbred Breeders Fund Advisory Board a listing
of all the Illinois foaled and the Illinois conceived and
foaled horses which won breeders' awards and the amount of
such breeders' awards in accordance with the provisions of
this Act. Such payments shall be delivered by the organization
licensee within 30 days of the end of each race meeting.
(k) The term "breeder", as used herein, means the owner of
the mare at the time the foal is dropped. An "Illinois foaled
horse" is a foal dropped by a mare which enters this State on
or before December 1, in the year in which the horse is bred,
provided the mare remains continuously in this State until its
foal is born. An "Illinois foaled horse" also means a foal born
of a mare in the same year as the mare enters this State on or
before March 1, and remains in this State at least 30 days
after foaling, is bred back during the season of the foaling to

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an Illinois Registered Stallion (unless a veterinarian
certifies that the mare should not be bred for health
reasons), and is not bred to a stallion standing in any other
state during the season of foaling. An "Illinois foaled horse"
also means a foal born in Illinois of a mare purchased at
public auction subsequent to the mare entering this State on
or before March 1 of the foaling year providing the mare is
owned solely by one or more Illinois residents or an Illinois
entity that is entirely owned by one or more Illinois
residents.
(l) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Thoroughbred Breeders
Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois at the time of a foal's conception. Such stallion
must not stand for service at any place outside the State
of Illinois during the calendar year in which the foal is
conceived. The Department of Agriculture may assess and
collect an application fee of up to $500 for the
registration of Illinois-eligible stallions. All fees
collected are to be held in trust accounts for the
purposes set forth in this Act and in accordance with
Section 205-15 of the Department of Agriculture Law.
(2) Provide for the registration of Illinois conceived
and foaled horses and Illinois foaled horses. No such

SB2254 - 243 - LRB102 15486 SMS 20849 b
horse shall compete in the races limited to Illinois
conceived and foaled horses or Illinois foaled horses or
both unless registered with the Department of Agriculture.
The Department of Agriculture may prescribe such forms as
are necessary to determine the eligibility of such horses.
The Department of Agriculture may assess and collect
application fees for the registration of Illinois-eligible
foals. All fees collected are to be held in trust accounts
for the purposes set forth in this Act and in accordance
with Section 205-15 of the Department of Agriculture Law.
No person shall knowingly prepare or cause preparation of
an application for registration of such foals containing
false information.
(m) The Department of Agriculture, with the advice and
assistance of the Illinois Thoroughbred Breeders Fund Advisory
Board, shall provide that certain races limited to Illinois
conceived and foaled and Illinois foaled horses be stakes
races and determine the total amount of stakes and awards to be
paid to the owners of the winning horses in such races.
In determining the stakes races and the amount of awards
for such races, the Department of Agriculture shall consider
factors, including but not limited to, the amount of money
appropriated for the Illinois Thoroughbred Breeders Fund
program, organization licensees' contributions, availability
of stakes caliber horses as demonstrated by past performances,
whether the race can be coordinated into the proposed racing

SB2254 - 244 - LRB102 15486 SMS 20849 b
dates within organization licensees' racing dates, opportunity
for colts and fillies and various age groups to race, public
wagering on such races, and the previous racing schedule.
(n) The Division Board and the organization licensee shall
notify the Department of the conditions and minimum purses for
races limited to Illinois conceived and foaled and Illinois
foaled horses conducted for each organization licensee
conducting a thoroughbred racing meeting. The Department of
Agriculture with the advice and assistance of the Illinois
Thoroughbred Breeders Fund Advisory Board may allocate monies
for purse supplements for such races. In determining whether
to allocate money and the amount, the Department of
Agriculture shall consider factors, including but not limited
to, the amount of money appropriated for the Illinois
Thoroughbred Breeders Fund program, the number of races that
may occur, and the organization licensee's purse structure.
(o) (Blank).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/30.5)
Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy of
this State to encourage the breeding of racing quarter horses
in this State and the ownership of such horses by residents of
this State in order to provide for sufficient numbers of high
quality racing quarter horses in this State and to establish

SB2254 - 245 - LRB102 15486 SMS 20849 b
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
(b) There is hereby created a special fund in the State
Treasury to be known as the Illinois Racing Quarter Horse
Breeders Fund. Except as provided in subsection (g) of Section
27 of this Act, 8.5% of all the moneys received by the State as
pari-mutuel taxes on quarter horse racing shall be paid into
the Illinois Racing Quarter Horse Breeders Fund. The Illinois
Racing Quarter Horse Breeders Fund shall not be subject to
administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act.
(c) The Illinois Racing Quarter Horse Breeders Fund shall
be administered by the Department of Agriculture with the
advice and assistance of the Advisory Board created in
subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund
Advisory Board shall consist of the Director of the Department
of Agriculture, who shall serve as Chairman; the Director or
his or her designee a member of the Illinois Racing Board,
designated by it; one representative of the organization
licensees conducting pari-mutuel quarter horse racing
meetings, recommended by them; 2 representatives of the
Illinois Running Quarter Horse Association, recommended by it;

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and the Superintendent of Fairs and Promotions from the
Department of Agriculture. Advisory Board members shall serve
for 2 years commencing January 1 of each odd numbered year. If
representatives have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture may make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their
services as members but may be reimbursed for all actual and
necessary expenses and disbursements incurred in the execution
of their official duties.
(e) Moneys in the Illinois Racing Quarter Horse Breeders
Fund shall be expended by the Department of Agriculture, with
the advice and assistance of the Illinois Racing Quarter Horse
Breeders Fund Advisory Board, for the following purposes only:
(1) To provide stakes and awards to be paid to the
owners of the winning horses in certain races. This
provision is limited to Illinois conceived and foaled
horses.
(2) To provide an award to the owner or owners of an
Illinois conceived and foaled horse that wins a race when
pari-mutuel wagering is conducted; providing the race is
not restricted to Illinois conceived and foaled horses.
(3) To provide purse money for an Illinois stallion
stakes program.
(4) To provide for purses to be distributed for the

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running of races during the Illinois State Fair and the
DuQuoin State Fair exclusively for quarter horses
conceived and foaled in Illinois.
(5) To provide for purses to be distributed for the
running of races at Illinois county fairs exclusively for
quarter horses conceived and foaled in Illinois.
(6) To provide for purses to be distributed for
running races exclusively for quarter horses conceived and
foaled in Illinois at locations in Illinois determined by
the Department of Agriculture with advice and consent of
the Illinois Racing Quarter Horse Breeders Fund Advisory
Board.
(7) No less than 90% of all moneys appropriated from
the Illinois Racing Quarter Horse Breeders Fund shall be
expended for the purposes in items (1), (2), (3), (4), and
(5) of this subsection (e).
(8) To provide for research programs concerning the
health, development, and care of racing quarter horses.
(9) To provide for dissemination of public information
designed to promote the breeding of racing quarter horses
in Illinois.
(10) To provide for expenses incurred in the
administration of the Illinois Racing Quarter Horse
Breeders Fund.
(f) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Racing Quarter Horse

SB2254 - 248 - LRB102 15486 SMS 20849 b
Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois, at the time of a foal's conception. Such
stallion must not stand for service at any place outside
the State of Illinois during the calendar year in which
the foal is conceived. The Department of Agriculture may
assess and collect application fees for the registration
of Illinois-eligible stallions. All fees collected are to
be paid into the Illinois Racing Quarter Horse Breeders
Fund.
(2) Provide for the registration of Illinois conceived
and foaled horses. No such horse shall compete in the
races limited to Illinois conceived and foaled horses
unless it is registered with the Department of
Agriculture. The Department of Agriculture may prescribe
such forms as are necessary to determine the eligibility
of such horses. The Department of Agriculture may assess
and collect application fees for the registration of
Illinois-eligible foals. All fees collected are to be paid
into the Illinois Racing Quarter Horse Breeders Fund. No
person shall knowingly prepare or cause preparation of an
application for registration of such foals that contains
false information.
(g) The Department of Agriculture, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund

SB2254 - 249 - LRB102 15486 SMS 20849 b
Advisory Board, shall provide that certain races limited to
Illinois conceived and foaled be stakes races and determine
the total amount of stakes and awards to be paid to the owners
of the winning horses in such races.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of standardbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality standardbred horses to participate in
harness racing meetings in this State, and to establish and
preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Section of this Act.
(b) Each organization licensee conducting a harness racing
meeting pursuant to this Act shall provide for at least two
races each race program limited to Illinois conceived and
foaled horses. A minimum of 6 races shall be conducted each
week limited to Illinois conceived and foaled horses. No
horses shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.
(b-5) Organization licensees, not including the Illinois
State Fair or the DuQuoin State Fair, shall provide stake

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races and early closer races for Illinois conceived and foaled
horses so that purses distributed for such races shall be no
less than 17% of total purses distributed for harness racing
in that calendar year in addition to any stakes payments and
starting fees contributed by horse owners.
(b-10) Each organization licensee conducting a harness
racing meeting pursuant to this Act shall provide an owner
award to be paid from the purse account equal to 12% of the
amount earned by Illinois conceived and foaled horses
finishing in the first 3 positions in races that are not
restricted to Illinois conceived and foaled horses. The owner
awards shall not be paid on races below the $10,000 claiming
class.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality and class of
Illinois conceived and foaled horses available. If, however,
sufficient competition cannot be had among horses of that
class on any day, the races may, with consent of the Division
Board, be eliminated for that day and substitute races
provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Standardbred Breeders
Fund. Beginning on June 28, 2019 (the effective date of Public
Act 101-31) this amendatory Act of the 101st General Assembly,
the Illinois Standardbred Breeders Fund shall become a
non-appropriated trust fund held separate and apart from State

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moneys. Expenditures from this Fund shall no longer be subject
to appropriation.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,
eight and one-half per cent of all the monies received by the
State as privilege taxes on harness racing meetings shall be
paid into the Illinois Standardbred Breeders Fund.
(e) Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Standardbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
June 28, 2019 (the effective date of Public Act 101-31) this
amendatory Act of the 101st General Assembly shall be in
addition to tax and fee amounts paid under this Section for
calendar year 2019 and thereafter. The Illinois Standardbred
Breeders Fund shall be administered by the Department of
Agriculture with the assistance and advice of the Advisory
Board created in subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory Board
is hereby created. The Advisory Board shall consist of the
Director of the Department of Agriculture, who shall serve as
Chairman; the Superintendent of the Illinois State Fair; the
Director or his or her designee a member of the Illinois Racing
Board, designated by it; a representative of the largest
association of Illinois standardbred owners and breeders,
recommended by it; a representative of a statewide association

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representing agricultural fairs in Illinois, recommended by
it, such representative to be from a fair at which Illinois
conceived and foaled racing is conducted; a representative of
the organization licensees conducting harness racing meetings,
recommended by them; a representative of the Breeder's
Committee of the association representing the largest number
of standardbred owners, breeders, trainers, caretakers, and
drivers, recommended by it; and a representative of the
association representing the largest number of standardbred
owners, breeders, trainers, caretakers, and drivers,
recommended by it. Advisory Board members shall serve for 2
years commencing January 1 of each odd numbered year. If
representatives of the largest association of Illinois
standardbred owners and breeders, a statewide association of
agricultural fairs in Illinois, the association representing
the largest number of standardbred owners, breeders, trainers,
caretakers, and drivers, a member of the Breeder's Committee
of the association representing the largest number of
standardbred owners, breeders, trainers, caretakers, and
drivers, and the organization licensees conducting harness
racing meetings have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their
services as members but shall be reimbursed for all actual and

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necessary expenses and disbursements incurred in the execution
of their official duties.
(g) Monies expended from the Illinois Standardbred
Breeders Fund shall be expended by the Department of
Agriculture, with the assistance and advice of the Illinois
Standardbred Breeders Fund Advisory Board for the following
purposes only:
1. To provide purses for races limited to Illinois
conceived and foaled horses at the State Fair and the
DuQuoin State Fair.
2. To provide purses for races limited to Illinois
conceived and foaled horses at county fairs.
3. To provide purse supplements for races limited to
Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
4. No less than 75% of all monies in the Illinois
Standardbred Breeders Fund shall be expended for purses in
1, 2, and 3 as shown above.
5. In the discretion of the Department of Agriculture
to provide awards to harness breeders of Illinois
conceived and foaled horses which win races conducted by
organization licensees conducting harness racing meetings.
A breeder is the owner of a mare at the time of conception.
No more than 10% of all monies appropriated from the
Illinois Standardbred Breeders Fund shall be expended for
such harness breeders awards. No more than 25% of the

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amount expended for harness breeders awards shall be
expended for expenses incurred in the administration of
such harness breeders awards.
6. To pay for the improvement of racing facilities
located at the State Fair and County fairs.
7. To pay the expenses incurred in the administration
of the Illinois Standardbred Breeders Fund.
8. To promote the sport of harness racing, including
grants up to a maximum of $7,500 per fair per year for
conducting pari-mutuel wagering during the advertised
dates of a county fair.
9. To pay up to $50,000 annually for the Department of
Agriculture to conduct drug testing at county fairs racing
standardbred horses.
(h) The Illinois Standardbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act.
(i) A sum equal to 13% of the first prize money of the
gross purse won by an Illinois conceived and foaled horse
shall be paid 50% by the organization licensee conducting the
horse race meeting to the breeder of such winning horse from
the organization licensee's account and 50% from the purse
account of the licensee. Such payment shall not reduce any
award to the owner of the horse or reduce the taxes payable
under this Act. Such payment shall be delivered by the

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organization licensee at the end of each quarter.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:
1. Qualify stallions for Illinois Standardbred
Breeders Fund breeding; such stallion shall be owned by a
resident of the State of Illinois or by an Illinois
corporation all of whose shareholders, directors, officers
and incorporators are residents of the State of Illinois.
Such stallion shall stand for service at and within the
State of Illinois at the time of a foal's conception, and
such stallion must not stand for service at any place, nor
may semen from such stallion be transported, outside the
State of Illinois during that calendar year in which the
foal is conceived and that the owner of the stallion was
for the 12 months prior, a resident of Illinois. However,
from January 1, 2018 until January 1, 2022, semen from an
Illinois stallion may be transported outside the State of
Illinois. The articles of agreement of any partnership,
joint venture, limited partnership, syndicate, association
or corporation and any bylaws and stock certificates must
contain a restriction that provides that the ownership or
transfer of interest by any one of the persons a party to
the agreement can only be made to a person who qualifies as
an Illinois resident.
2. Provide for the registration of Illinois conceived

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and foaled horses and no such horse shall compete in the
races limited to Illinois conceived and foaled horses
unless registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as may
be necessary to determine the eligibility of such horses.
No person shall knowingly prepare or cause preparation of
an application for registration of such foals containing
false information. A mare (dam) must be in the State at
least 30 days prior to foaling or remain in the State at
least 30 days at the time of foaling. However, the
requirement that a mare (dam) must be in the State at least
30 days before foaling or remain in the State at least 30
days at the time of foaling shall not be in effect from
January 1, 2018 until January 1, 2022. Beginning with the
1996 breeding season and for foals of 1997 and thereafter,
a foal conceived by transported semen may be eligible for
Illinois conceived and foaled registration provided all
breeding and foaling requirements are met. The stallion
must be qualified for Illinois Standardbred Breeders Fund
breeding at the time of conception and the mare must be
inseminated within the State of Illinois. The foal must be
dropped in Illinois and properly registered with the
Department of Agriculture in accordance with this Act.
However, from January 1, 2018 until January 1, 2022, the
requirement for a mare to be inseminated within the State
of Illinois and the requirement for a foal to be dropped in

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Illinois are inapplicable.
3. Provide that at least a 5-day racing program shall
be conducted at the State Fair each year, unless an
alternate racing program is requested by the Illinois
Standardbred Breeders Fund Advisory Board, which program
shall include at least the following races limited to
Illinois conceived and foaled horses: (a) a 2-year-old two
year old Trot and Pace, and Filly Division of each; (b) a
3-year-old three year old Trot and Pace, and Filly
Division of each; (c) an aged Trot and Pace, and Mare
Division of each.
4. Provide for the payment of nominating, sustaining
and starting fees for races promoting the sport of harness
racing and for the races to be conducted at the State Fair
as provided in subsection (j) 3 of this Section provided
that the nominating, sustaining and starting payment
required from an entrant shall not exceed 2% of the purse
of such race. All nominating, sustaining and starting
payments shall be held for the benefit of entrants and
shall be paid out as part of the respective purses for such
races. Nominating, sustaining and starting fees shall be
held in trust accounts for the purposes as set forth in
this Act and in accordance with Section 205-15 of the
Department of Agriculture Law.
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring

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to sponsor races at county fairs.
6. Provide for the promotion of producing standardbred
racehorses by providing a bonus award program for owners
of 2-year-old horses that win multiple major stakes races
that are limited to Illinois conceived and foaled horses.
(k) The Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund Advisory
Board, may allocate monies for purse supplements for such
races. In determining whether to allocate money and the
amount, the Department of Agriculture shall consider factors,
including, but not limited to, the amount of money
appropriated for the Illinois Standardbred Breeders Fund
program, the number of races that may occur, and an
organization licensee's purse structure. The organization
licensee shall notify the Department of Agriculture of the
conditions and minimum purses for races limited to Illinois
conceived and foaled horses to be conducted by each
organization licensee conducting a harness racing meeting for
which purse supplements have been negotiated.
(l) All races held at county fairs and the State Fair which
receive funds from the Illinois Standardbred Breeders Fund
shall be conducted in accordance with the rules of the United
States Trotting Association unless otherwise modified by the
Department of Agriculture.
(m) At all standardbred race meetings held or conducted
under authority of a license granted by the Division Board,

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and at all standardbred races held at county fairs which are
approved by the Department of Agriculture or at the Illinois
or DuQuoin State Fairs, no one shall jog, train, warm up or
drive a standardbred horse unless he or she is wearing a
protective safety helmet, with the chin strap fastened and in
place, which meets the standards and requirements as set forth
in the 1984 Standard for Protective Headgear for Use in
Harness Racing and Other Equestrian Sports published by the
Snell Memorial Foundation, or any standards and requirements
for headgear the Division Illinois Racing Board may approve.
Any other standards and requirements so approved by the
Division Board shall equal or exceed those published by the
Snell Memorial Foundation. Any equestrian helmet bearing the
Snell label shall be deemed to have met those standards and
requirements.
(Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19;
101-157, eff. 7-26-19; revised 9-27-19.)
(230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
Sec. 31.1. (a) Unless subsection (a-5) applies,
organization licensees collectively shall contribute annually
to charity the sum of $750,000 to non-profit organizations
that provide medical and family, counseling, and similar
services to persons who reside or work on the backstretch of
Illinois racetracks. Unless subsection (a-5) applies, these
contributions shall be collected as follows: (i) no later than

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July 1st of each year the Division Board shall assess each
organization licensee, except those tracks located in Madison
County, which tracks shall pay $30,000 annually apiece into
the Division Board charity fund, that amount which equals
$690,000 multiplied by the amount of pari-mutuel wagering
handled by the organization licensee in the year preceding
assessment and divided by the total pari-mutuel wagering
handled by all Illinois organization licensees, except those
tracks located in Madison and Rock Island counties, in the
year preceding assessment; (ii) notice of the assessed
contribution shall be mailed to each organization licensee;
(iii) within thirty days of its receipt of such notice, each
organization licensee shall remit the assessed contribution to
the Division Board. Unless subsection (a-5) applies, if an
organization licensee commences operation of gaming at its
facility pursuant to an organization gaming license under the
Illinois Gambling Act, then the organization licensee shall
contribute an additional $83,000 per year beginning in the
year subsequent to the first year in which the organization
licensee begins receiving funds from gaming pursuant to an
organization gaming license. If an organization licensee
wilfully fails to so remit the contribution, the Division
Board may revoke its license to conduct horse racing.
(a-5) If (1) an organization licensee that did not operate
live racing in 2017 is awarded racing dates in 2018 or in any
subsequent year and (2) all organization licensees are

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operating gaming pursuant to an organization gaming license
under the Illinois Gambling Act, then subsection (a) does not
apply and organization licensees collectively shall contribute
annually to charity the sum of $1,000,000 to non-profit
organizations that provide medical and family, counseling, and
similar services to persons who reside or work on the
backstretch of Illinois racetracks. These contributions shall
be collected as follows: (i) no later than July 1st of each
year the Division Board shall assess each organization
licensee an amount based on the proportionate amount of live
racing days in the calendar year for which the Division Board
has awarded to the organization licensee out of the total
aggregate number of live racing days awarded; (ii) notice of
the assessed contribution shall be mailed to each organization
licensee; (iii) within 30 days after its receipt of such
notice, each organization licensee shall remit the assessed
contribution to the Division Board. If an organization
licensee willfully fails to so remit the contribution, the
Division Board may revoke its license to conduct horse racing.
(b) No later than October 1st of each year, any qualified
charitable organization seeking an allotment of contributed
funds shall submit to the Division Board an application for
those funds, using the Division's Board's approved form. No
later than December 31st of each year, the Division Board
shall distribute all such amounts collected that year to such
charitable organization applicants.

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(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/32) (from Ch. 8, par. 37-32)
Sec. 32. Illinois Race Track Improvement Fund. Within 30
days after the effective date of this Act, the Division Board
shall cause all moneys previously deposited in the Illinois
Race Track Improvement Fund to be remitted to the racetrack
from which the licensee derives its license in accordance to
the amounts generated by each licensee.
(Source: P.A. 91-40, eff. 1-1-00.)
(230 ILCS 5/32.1)
Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
real estate equalization.
(a) In order to encourage new investment in Illinois
racetrack facilities and mitigate differing real estate tax
burdens among all racetracks, the licensees affiliated or
associated with each racetrack that has been awarded live
racing dates in the current year shall receive an immediate
pari-mutuel tax credit in an amount equal to the greater of (i)
50% of the amount of the real estate taxes paid in the prior
year attributable to that racetrack, or (ii) the amount by
which the real estate taxes paid in the prior year
attributable to that racetrack exceeds 60% of the average real
estate taxes paid in the prior year for all racetracks awarded
live horse racing meets in the current year.

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Each year, regardless of whether the organization licensee
conducted live racing in the year of certification, the
Division Board shall certify in writing, prior to December 31,
the real estate taxes paid in that year for each racetrack and
the amount of the pari-mutuel tax credit that each
organization licensee, inter-track wagering licensee, and
inter-track wagering location licensee that derives its
license from such racetrack is entitled in the succeeding
calendar year. The real estate taxes considered under this
Section for any racetrack shall be those taxes on the real
estate parcels and related facilities used to conduct a horse
race meeting and inter-track wagering at such racetrack under
this Act. In no event shall the amount of the tax credit under
this Section exceed the amount of pari-mutuel taxes otherwise
calculated under this Act. The amount of the tax credit under
this Section shall be retained by each licensee and shall not
be subject to any reallocation or further distribution under
this Act. The Board may promulgate emergency rules to
implement this Section.
(b) If the organization licensee is operating gaming
pursuant to an organization gaming license issued under the
Illinois Gambling Act, except the organization licensee
described in Section 19.5, then, for the 5-year period
beginning on the January 1 of the calendar year immediately
following the calendar year during which an organization
licensee begins conducting gaming operations pursuant to an

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organization gaming license issued under the Illinois Gambling
Act, the organization licensee shall make capital
expenditures, in an amount equal to no less than 50% of the tax
credit under this Section, to the improvement and maintenance
of the backstretch, including, but not limited to, backstretch
barns, dormitories, and services for backstretch workers.
Those capital expenditures must be in addition to, and not in
lieu of, the capital expenditures made for backstretch
improvements in calendar year 2015, as reported to the
Division Board in the organization licensee's application for
racing dates and as certified by the Division Board. The
organization licensee is required to annually submit the list
and amounts of these capital expenditures to the Division
Board by January 30th of the year following the expenditure.
(c) If the organization licensee is conducting gaming in
accordance with paragraph (b), then, after the 5-year period
beginning on January 1 of the calendar year immediately
following the calendar year during which an organization
licensee begins conducting gaming operations pursuant to an
organization gaming license issued under the Illinois Gambling
Act, the organization license is ineligible to receive a tax
credit under this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
(230 ILCS 5/34.3)
Sec. 34.3. Drug testing. The Division Illinois Racing

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Board and the Department of Agriculture shall jointly
establish a program for the purpose of conducting drug testing
of horses at county fairs and shall adopt any rules necessary
for enforcement of the program. The rules shall include
appropriate penalties for violations.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/35) (from Ch. 8, par. 37-35)
Sec. 35. Any person holding or conducting any meeting
within the State at which racing of horses shall be permitted
for any stake, purse or reward or any person or persons aiding,
assisting or abetting in the holding or conducting of such
meeting where racing is held or conducted contrary to or in
violation of any of the provisions and requirements of this
Act shall be guilty of a Class 4 felony. For the purpose of
this Section, each day of racing in violation of the
provisions of this Act shall be considered as a separate and
distinct offense. Any failure by any member of the Division
Board to make public any violation of this Act within a
reasonable time of learning thereof shall be punished as a
Class A misdemeanor and issuance of a license prior to
compliance with Section 20 shall be punishable as a Class A
misdemeanor.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/36) (from Ch. 8, par. 37-36)

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Sec. 36. (a) Whoever administers or conspires to
administer to any horse a hypnotic, narcotic, stimulant,
depressant or any chemical substance which may affect the
speed of a horse at any time in any race where the purse or any
part of the purse is made of money authorized by any Section of
this Act, except those chemical substances permitted by ruling
of the Director Board, internally, externally or by hypodermic
method in a race or prior thereto, or whoever knowingly enters
a horse in any race within a period of 24 hours after any
hypnotic, narcotic, stimulant, depressant or any other
chemical substance which may affect the speed of a horse at any
time, except those chemical substances permitted by ruling of
the Director Board, has been administered to such horse either
internally or externally or by hypodermic method for the
purpose of increasing or retarding the speed of such horse
shall be guilty of a Class 4 felony. The Division Board shall
suspend or revoke such violator's license.
(b) The term "hypnotic" as used in this Section includes
all barbituric acid preparations and derivatives.
(c) The term "narcotic" as used in this Section includes
opium and all its alkaloids, salts, preparations and
derivatives, cocaine and all its salts, preparations and
derivatives and substitutes.
(d) The provisions of this Section and the treatment
authorized in this Section apply to horses entered in and
competing in race meetings as defined in Section 3.07 of this

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Act and to horses entered in and competing at any county fair.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/36a) (from Ch. 8, par. 37-36a)
Sec. 36a. (a) It is recognized that there are horses which
exhibit symptoms of epistaxis or respiratory tract hemorrhage
which with proper treatment are sound and able to compete in
races. The Division Board shall establish by rule the
appropriate standards for the administration of furosemide
(Lasix) or other Division-approved Board approved bleeder
medications in such circumstances.
(b) Every horse entered to race shall be placed in a
security area as designated by the Division Board. The
Division Board, in designating a security area, shall not
require that a horse be placed in a barn or stall other than
the barn or stall assigned to that horse by the racing
secretary. The barn or stall shall be posted as a security
area. The trainer of record shall be responsible for the
security of the horse and barn or stall area. The security area
shall be under the supervision of the Division Board.
No unauthorized person shall approach the security area.
If any unauthorized person does approach the security area, a
report of the incident is to be made immediately to one of the
State veterinarians or the stewards, or a board investigator.
The provisions of this Section 36a and the treatment
authorized herein shall apply to and be available only for

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horses entered in and competing in race meetings as defined in
Section 3.07 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/37) (from Ch. 8, par. 37-37)
Sec. 37. (a) It shall be unlawful for any person:
(1) to use or conspire to use any battery, buzzer,
electrical, mechanical or other appliances other than the
ordinary whip or spur for the purpose of stimulating or
depressing a horse or affecting its speed in a race or workout
or at any time; or
(2) to sponge a horse's nostrils or windpipe or use any
method injurious or otherwise for the purpose of stimulating
or depressing a horse or affecting its speed in a race or a
workout at any time; or
(3) to have in his possession within the confines of a race
track, sheds, buildings or grounds, or within the confines of
a stable, shed, building or ground where horses are kept which
are eligible to race over a race track of any racing
association or licensee, any appliance other than the ordinary
whip or spur which may or can be used for the purpose of
stimulating or depressing a horse or affecting its speed at
any time; or
(4) to have in his possession with the intent to sell, give
away or exchange any of such instrumentalities.
(b) Such possession of such instrumentalities by anyone

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within the confines of a race track, stables, sheds, buildings
or grounds where horses are kept which are eligible to race
over the race tracks of any racing association or licensee
shall be prima facie evidence of intention to so use such
instrumentalities.
(c) Any persons who violate this Section shall be guilty
of a Class 4 felony. The Division Board shall suspend or revoke
such violator's license.
(Source: P.A. 79-1185.)
(230 ILCS 5/38) (from Ch. 8, par. 37-38)
Sec. 38. (a) It is unlawful for any person knowingly to
enter or cause to be entered any horse - mare, stallion,
gelding, colt or filly - for competition or knowingly to
compete with any horse - mare, stallion, gelding, colt or
filly -- entered for competition under any name other than its
true name or out of its proper class for any purse, prize,
premium, stake or sweepstakes offered or given by any
agricultural or other society, association or persons in the
State where such prize, purse, premium, stake or sweepstakes
is to be decided by a contest of speed.
(b) Any person who violates this Section is guilty of a
Class 4 felony. The Division Board shall suspend or revoke the
violator's license.
(c) The true name of any horse -- mare, stallion, gelding,
colt or filly -- for the purpose of entry for competition or

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performance in any contest of speed shall be the name under
which the horse has publicly performed and shall not be
changed after having once so performed or contested for a
prize, purse, premium, stake or sweepstakes, except as
provided by the code of printed rules of the society or
association under which the contest is advertised to be
conducted.
(d) It is further provided that the official records shall
be received in all courts as evidence upon the trial of any
person under this Section.
(Source: P.A. 79-1185.)
(230 ILCS 5/39) (from Ch. 8, par. 37-39)
Sec. 39. (a) It shall be unlawful for any person to engage
directly or indirectly or for any person to conspire with or to
aid, assist or abet any other person in the engagement or
commission of any corrupt act or practice, including, but not
limited to:
(1) the giving or offering or promising to give,
directly or indirectly, a bribe in any form to any public
official or person having official duties in relation to
any race or race horse or to any trainer, jockey or agent
or to any other person having charge of, or access to, any
race horse;
(2) the passing or attempting to pass or the cashing
or attempting to cash any altered or fraudulent mutuel

SB2254 - 271 - LRB102 15486 SMS 20849 b
ticket;
(3) the unauthorized sale or the attempt to make an
unauthorized sale of any race track admission ticket.
(b) Any person who violates this Section is guilty of a
Class 4 felony.
(c) If any person who violates this Section is licensed
under this Act, the Division Board shall suspend or revoke the
organization or occupation license of that person, in addition
to the penalty and fine imposed in subsection (b).
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/40) (from Ch. 8, par. 37-40)
Sec. 40. (a) The imposition of any fine or penalty
provided in this Act shall not preclude the Division Board in
its rules and regulations from imposing a fine or penalty for
any other action which, in the Division's Board's discretion,
is a detriment or impediment to horse racing.
(b) The Director of Agriculture or his or her authorized
representative shall impose the following monetary penalties
and hold administrative hearings as required for failure to
submit the following applications, lists, or reports within
the time period, date or manner required by statute or rule or
for removing a foal from Illinois prior to inspection:
(1) late filing of a renewal application for offering
or standing stallion for service:
(A) if an application is submitted no more than 30

SB2254 - 272 - LRB102 15486 SMS 20849 b
days late, $50;
(B) if an application is submitted no more than 45
days late, $150; or
(C) if an application is submitted more than 45
days late, if filing of the application is allowed
under an administrative hearing, $250;
(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more than
30 days late, $50;
(B) if a list or report is submitted no more than
60 days late, $150; or
(C) if a list or report is submitted more than 60
days late, if filing of the list or report is allowed
under an administrative hearing, $250;
(3) filing an Illinois foaled thoroughbred mare status
report after the statutory deadline as provided in
subsection (k) of Section 30 of this Act:
(A) if a report is submitted no more than 30 days
late, $50;
(B) if a report is submitted no more than 90 days
late, $150;
(C) if a report is submitted no more than 150 days
late, $250; or
(D) if a report is submitted more than 150 days
late, if filing of the report is allowed under an
administrative hearing, $500;

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(4) late filing of application for foal eligibility
certificate:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 90
days late, $150;
(C) if an application is submitted no more than
150 days late, $250; or
(D) if an application is submitted more than 150
days late, if filing of the application is allowed
under an administrative hearing, $500;
(5) failure to report the intent to remove a foal from
Illinois prior to inspection, identification and
certification by a Department of Agriculture investigator,
$50; and
(6) if a list or report of mares bred is incomplete,
$50 per mare not included on the list or report.
Any person upon whom monetary penalties are imposed under
this Section 3 times within a 5-year period shall have any
further monetary penalties imposed at double the amounts set
forth above. All monies assessed and collected for violations
relating to thoroughbreds shall be paid into the Illinois
Thoroughbred Breeders Fund. All monies assessed and collected
for violations relating to standardbreds shall be paid into
the Illinois Standardbred Breeders Fund.
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)

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(230 ILCS 5/45) (from Ch. 8, par. 37-45)
Sec. 45. It shall be the duty of the Attorney General and
the various State's attorneys in this State in cooperation
with the Department of State Police to enforce this Act. The
Governor may, upon request of the Department of State Police,
order the law enforcing officers of the various cities and
counties to assign a sufficient number of deputies to aid
members of the Department of State Police in preventing horse
racing at any track within the respective jurisdiction of such
cities or counties an organization license for which has been
refused, suspended or revoked by the Division Board. The
Governor may similarly assign such deputies to aid the
Department of State Police when, by his determination,
additional forces are needed to preserve the health, welfare
or safety of any person or animal within the grounds of any
race track in the State.
(Source: P.A. 84-25.)
(230 ILCS 5/46) (from Ch. 8, par. 37-46)
Sec. 46. All final decisions of the Director or the
Division Board hereunder shall be subject to judicial review
pursuant to the provisions of the "Administrative Review Law",
as now or hereafter amended, and the rules adopted pursuant
thereto. The term "administrative decision" is as defined in
Section 3-101 of the Administrative Review Law, as now or

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hereafter amended.
(Source: P.A. 83-1539.)
(230 ILCS 5/49) (from Ch. 8, par. 37-49)
Sec. 49. The General Assembly declares that it is the
policy of this State to foster the running of the Hambletonian
Stakes in Illinois. Should the Hambletonian stakes no longer
be run in Illinois then it is the policy of the State to foster
a race or races at the DuQuoin State Fair, the Illinois State
Fair, and the Illinois county fairs for the benefit of the
harness horse racing industry. In order to further this
policy, the Division Board shall keep a record of the moneys
deposited in the Agricultural Premium Fund which are derived
from the third and fourth races conducted on each Friday and
Saturday during each harness racing meeting licensed under
this Act, provided that each such Friday and Saturday program
has at least 11 races. Each year, from the moneys in the
Agricultural Premium Fund provided from such races, an
appropriation shall be made to the Department of Agriculture
to be used to supplement the purses offered for, and for other
expenses in connection with, the Hambletonian Stakes or other
harness races as authorized in this Section.
(Source: P.A. 86-1458.)
(230 ILCS 5/51) (from Ch. 8, par. 37-51)
Sec. 51. (a) (Blank).

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(b) All proceedings respecting acts done before the
effective date of this Act shall be determined in accordance
with law and regulations enforced at the time the acts
occurred. All proceedings instituted for actions taken after
the effective date of this Act shall be governed by this Act.
(c) All rules and regulations of the Division Board
relating to subjects embraced by this Act shall remain in full
force and effect unless repealed, amended or superseded by
rules and regulations issued under this Act.
(d) All orders entered, licenses granted, and pending
proceedings instituted by the Division Board relating to
subjects embraced within this Act shall remain in full force
and effect until superseded by actions taken under this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/54.75)
Sec. 54.75. Horse Racing Equity Trust Fund.
(a) There is created a Fund to be known as the Horse Racing
Equity Trust Fund, which is a non-appropriated trust fund held
separate and apart from State moneys. The Fund shall consist
of moneys paid into it by owners licensees under the Illinois
Gambling Act for the purposes described in this Section. The
Fund shall be administered by the Division Board. Moneys in
the Fund shall be distributed as directed and certified by the
Division Board in accordance with the provisions of subsection
(b).

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(b) The moneys deposited into the Fund, plus any accrued
interest on those moneys, shall be distributed within 10 days
after those moneys are deposited into the Fund as follows:
(1) Sixty percent of all moneys distributed under this
subsection shall be distributed to organization licensees
to be distributed at their race meetings as purses.
Fifty-seven percent of the amount distributed under this
paragraph (1) shall be distributed for thoroughbred race
meetings and 43% shall be distributed for standardbred
race meetings. Within each breed, moneys shall be
allocated to each organization licensee's purse fund in
accordance with the ratio between the purses generated for
that breed by that licensee during the prior calendar year
and the total purses generated throughout the State for
that breed during the prior calendar year by licensees in
the current calendar year.
(2) The remaining 40% of the moneys distributed under
this subsection (b) shall be distributed as follows:
(A) 11% shall be distributed to any person (or its
successors or assigns) who had operating control of a
racetrack that conducted live racing in 2002 at a
racetrack in a county with at least 230,000
inhabitants that borders the Mississippi River and is
a licensee in the current year; and
(B) the remaining 89% shall be distributed pro
rata according to the aggregate proportion of total

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handle from wagering on live races conducted in
Illinois (irrespective of where the wagers are placed)
for calendar years 2004 and 2005 to any person (or its
successors or assigns) who (i) had majority operating
control of a racing facility at which live racing was
conducted in calendar year 2002, (ii) is a licensee in
the current year, and (iii) is not eligible to receive
moneys under subparagraph (A) of this paragraph (2).
The moneys received by an organization licensee
under this paragraph (2) shall be used by each
organization licensee to improve, maintain, market,
and otherwise operate its racing facilities to conduct
live racing, which shall include backstretch services
and capital improvements related to live racing and
the backstretch. Any organization licensees sharing
common ownership may pool the moneys received and
spent at all racing facilities commonly owned in order
to meet these requirements.
If any person identified in this paragraph (2) becomes
ineligible to receive moneys from the Fund, such amount
shall be redistributed among the remaining persons in
proportion to their percentages otherwise calculated.
(c) The Division Board shall monitor organization
licensees to ensure that moneys paid to organization licensees
under this Section are distributed by the organization
licensees as provided in subsection (b).

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(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/55)
Sec. 55. Study concerning account wagering and fixed odds
wagering. The Division Board shall study whether it would be
in the best interests of the horse racing industry and the
State of Illinois to authorize account wagering and fixed odds
wagering. The Division Board shall file a written report
containing its findings with the General Assembly no later
than December 31, 1999.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/56)
Sec. 56. Gaming pursuant to an organization gaming
license.
(a) A person, firm, corporation, partnership, or limited
liability company having operating control of a racetrack may
apply to the Department of Lottery and Gaming Board for an
organization gaming license. An organization gaming license
shall authorize its holder to conduct gaming on the grounds of
the racetrack of which the organization gaming licensee has
operating control. Only one organization gaming license may be
awarded for any racetrack. A holder of an organization gaming
license shall be subject to the Illinois Gambling Act and
rules of the Department of Lottery and Gaming Illinois Gaming
Board concerning gaming pursuant to an organization gaming

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license issued under the Illinois Gambling Act. If the person,
firm, corporation, or limited liability company having
operating control of a racetrack is found by the Department of
Lottery and Gaming Illinois Gaming Board to be unsuitable for
an organization gaming license under the Illinois Gambling Act
and rules of the Department of Lottery and Gaming Board, that
person, firm, corporation, or limited liability company shall
not be granted an organization gaming license. Each license
shall specify the number of gaming positions that its holder
may operate.
An organization gaming licensee may not permit patrons
under 21 years of age to be present in its organization gaming
facility, but the licensee may accept wagers on live racing
and inter-track wagers at its organization gaming facility.
(b) For purposes of this subsection, "adjusted gross
receipts" means an organization gaming licensee's gross
receipts less winnings paid to wagerers and shall also include
any amounts that would otherwise be deducted pursuant to
subsection (a-9) of Section 13 of the Illinois Gambling Act.
The adjusted gross receipts by an organization gaming licensee
from gaming pursuant to an organization gaming license issued
under the Illinois Gambling Act remaining after the payment of
taxes under Section 13 of the Illinois Gambling Act shall be
distributed as follows:
(1) Amounts shall be paid to the purse account at the
track at which the organization licensee is conducting

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racing equal to the following:
12.75% of annual adjusted gross receipts up to and
including $93,000,000;
20% of annual adjusted gross receipts in excess of
$93,000,000 but not exceeding $100,000,000;
26.5% of annual adjusted gross receipts in excess
of $100,000,000 but not exceeding $125,000,000; and
20.5% of annual adjusted gross receipts in excess
of $125,000,000.
If 2 different breeds race at the same racetrack in
the same calendar year, the purse moneys allocated under
this subsection (b) shall be divided pro rata based on
live racing days awarded by the Division Board to that
race track for each breed. However, the ratio may not
exceed 60% for either breed, except if one breed is
awarded fewer than 20 live racing days, in which case the
purse moneys allocated shall be divided pro rata based on
live racing days.
(2) The remainder shall be retained by the
organization gaming licensee.
(c) Annually, from the purse account of an organization
licensee racing thoroughbred horses in this State, except for
in Madison County, an amount equal to 12% of the gaming
receipts from gaming pursuant to an organization gaming
license placed into the purse accounts shall be paid to the
Illinois Thoroughbred Breeders Fund and shall be used for

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owner awards; a stallion program pursuant to paragraph (3) of
subsection (g) of Section 30 of this Act; and Illinois
conceived and foaled stakes races pursuant to paragraph (2) of
subsection (g) of Section 30 of this Act, as specifically
designated by the horsemen association representing the
largest number of owners and trainers who race at the
organization licensee's race meetings.
Annually, from the purse account of an organization
licensee racing thoroughbred horses in Madison County, an
amount equal to 10% of the gaming receipts from gaming
pursuant to an organization gaming license placed into the
purse accounts shall be paid to the Illinois Thoroughbred
Breeders Fund and shall be used for owner awards; a stallion
program pursuant to paragraph (3) of subsection (g) of Section
30 of this Act; and Illinois conceived and foaled stakes races
pursuant to paragraph (2) of subsection (g) of Section 30 of
this Act, as specifically designated by the horsemen
association representing the largest number of owners and
trainers who race at the organization licensee's race
meetings.
Annually, from the amounts generated for purses from all
sources, including, but not limited to, amounts generated from
wagering conducted by organization licensees, organization
gaming licensees, inter-track wagering licensees, inter-track
wagering locations licensees, and advance deposit wagering
licensees, or an organization licensee to the purse account of

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an organization licensee conducting thoroughbred races at a
track in Madison County, an amount equal to 10% of adjusted
gross receipts as defined in subsection (b) of this Section
shall be paid to the horsemen association representing the
largest number of owners and trainers who race at the
organization licensee's race meets, to be used to for
operational expenses and may be also used for after care
programs for retired thoroughbred race horses, backstretch
laundry and kitchen facilities, a health insurance or
retirement program, the Future Farmers of America, and such
other programs.
Annually, from the purse account of organization licensees
conducting thoroughbred races at racetracks in Cook County,
$100,000 shall be paid for division and equal distribution to
the animal sciences department of each Illinois public
university system engaged in equine research and education on
or before the effective date of this amendatory Act of the
101st General Assembly for equine research and education.
(d) Annually, from the purse account of an organization
licensee racing standardbred horses, an amount equal to 15% of
the gaming receipts from gaming pursuant to an organization
gaming license placed into that purse account shall be paid to
the Illinois Standardbred Breeders Fund. Moneys deposited into
the Illinois Standardbred Breeders Fund shall be used for
standardbred racing as authorized in paragraphs 1, 2, 3, 8,
and 9 of subsection (g) of Section 31 of this Act and for bonus

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awards as authorized under paragraph 6 of subsection (j) of
Section 31 of this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/5 rep.)
(230 ILCS 5/6 rep.)
(230 ILCS 5/7 rep.)
(230 ILCS 5/8 rep.)
Section 120. The Illinois Horse Racing Act of 1975 is
amended by repealing Sections 5, 6, 7, and 8.
Section 125. The Illinois Gambling Act is amended by
changing Sections 2, 4, 5, 5.1, 5.2, 5.3, 6, 7, 7.1, 7.3, 7.4,
7.5, 7.6, 7.7, 7.10, 7.11, 7.12, 8, 9, 10, 11, 11.2, 12, 13,
13.05, 14, 15, 16, 17, 17.1, 18, 18.1, and 22 as follows:
(230 ILCS 10/2) (from Ch. 120, par. 2402)
Sec. 2. Legislative intent.
(a) This Act is intended to benefit the people of the State
of Illinois by assisting economic development, promoting
Illinois tourism, and increasing the amount of revenues
available to the State to assist and support education, and to
defray State expenses.
(b) While authorization of riverboat and casino gambling
will enhance investment, beautification, development and
tourism in Illinois, it is recognized that it will do so

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successfully only if public confidence and trust in the
credibility and integrity of the gambling operations and the
regulatory process is maintained. Therefore, regulatory
provisions of this Act are designed to strictly regulate the
facilities, persons, associations and practices related to
gambling operations pursuant to the police powers of the
State, including comprehensive law enforcement supervision.
(c) The Division of Casino Gambling of the Department of
Lottery and Gaming Illinois Gaming Board established under
this Act should, as soon as possible, inform each applicant
for an owners license of the Division's Board's intent to
grant or deny a license.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/4) (from Ch. 120, par. 2404)
Sec. 4. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Director" means the Director of the Division of Casino
Gaming of the Department of Lottery and Gaming.
"Division" means the Division of Casino Gambling of the
Department of Lottery and Gaming.
"Occupational license" means a license issued by the
Division Board to a person or entity to perform an occupation
which the Division Board has identified as requiring a license
to engage in riverboat gambling, casino gambling, or gaming
pursuant to an organization gaming license issued under this

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Act in Illinois.
"Gambling game" includes, but is not limited to, baccarat,
twenty-one, poker, craps, slot machine, video game of chance,
roulette wheel, klondike table, punchboard, faro layout, keno
layout, numbers ticket, push card, jar ticket, or pull tab
which is authorized by the Division Board as a wagering device
under this Act.
"Riverboat" means a self-propelled excursion boat, a
permanently moored barge, or permanently moored barges that
are permanently fixed together to operate as one vessel, on
which lawful gambling is authorized and licensed as provided
in this Act.
"Slot machine" means any mechanical, electrical, or other
device, contrivance, or machine that is authorized by the
Division Board as a wagering device under this Act which, upon
insertion of a coin, currency, token, or similar object
therein, or upon payment of any consideration whatsoever, is
available to play or operate, the play or operation of which
may deliver or entitle the person playing or operating the
machine to receive cash, premiums, merchandise, tokens, or
anything of value whatsoever, whether the payoff is made
automatically from the machine or in any other manner
whatsoever. A slot machine:
(1) may utilize spinning reels or video displays or
both;
(2) may or may not dispense coins, tickets, or tokens

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to winning patrons;
(3) may use an electronic credit system for receiving
wagers and making payouts; and
(4) may simulate a table game.
"Slot machine" does not include table games authorized by
the Division Board as a wagering device under this Act.
"Managers license" means a license issued by the Division
Board to a person or entity to manage gambling operations
conducted by the State pursuant to Section 7.3.
"Dock" means the location where a riverboat moors for the
purpose of embarking passengers for and disembarking
passengers from the riverboat.
"Gross receipts" means the total amount of money exchanged
for the purchase of chips, tokens, or electronic cards by
riverboat patrons.
"Adjusted gross receipts" means the gross receipts less
winnings paid to wagerers.
"Cheat" means to alter the selection of criteria which
determine the result of a gambling game or the amount or
frequency of payment in a gambling game.
"Gambling operation" means the conduct of gambling games
authorized under this Act upon a riverboat or in a casino or
authorized under this Act and the Illinois Horse Racing Act of
1975 at an organization gaming facility.
"License bid" means the lump sum amount of money that an
applicant bids and agrees to pay the State in return for an

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owners license that is issued or re-issued on or after July 1,
2003.
"Table game" means a live gaming apparatus upon which
gaming is conducted or that determines an outcome that is the
object of a wager, including, but not limited to, baccarat,
twenty-one, blackjack, poker, craps, roulette wheel, klondike
table, punchboard, faro layout, keno layout, numbers ticket,
push card, jar ticket, pull tab, or other similar games that
are authorized by the Division Board as a wagering device
under this Act. "Table game" does not include slot machines or
video games of chance.
The terms "minority person", "woman", and "person with a
disability" shall have the same meaning as defined in Section
2 of the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act.
"Casino" means a facility at which lawful gambling is
authorized as provided in this Act.
"Owners license" means a license to conduct riverboat or
casino gambling operations, but does not include an
organization gaming license.
"Licensed owner" means a person who holds an owners
license.
"Organization gaming facility" means that portion of an
organization licensee's racetrack facilities at which gaming
authorized under Section 7.7 is conducted.
"Organization gaming license" means a license issued by

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the Division Illinois Gaming Board under Section 7.7 of this
Act authorizing gaming pursuant to that Section at an
organization gaming facility.
"Organization gaming licensee" means an entity that holds
an organization gaming license.
"Organization licensee" means an entity authorized by the
Division of Horse Racing Illinois Racing Board to conduct
pari-mutuel wagering in accordance with the Illinois Horse
Racing Act of 1975. With respect only to gaming pursuant to an
organization gaming license, "organization licensee" includes
the authorization for gaming created under subsection (a) of
Section 56 of the Illinois Horse Racing Act of 1975.
(Source: P.A. 100-391, eff. 8-25-17; 101-31, eff. 6-28-19.)
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Division of Casino Gambling Gaming Board.
(a) (1) There is hereby established Division of Casino
Gaming of the Department of Lottery and Gaming the Illinois
Gaming Board, which shall have the powers and duties specified
in this Act, and all other powers necessary and proper to fully
and effectively execute this Act for the purpose of
administering, regulating, and enforcing the system of
riverboat and casino gambling established by this Act and
gaming pursuant to an organization gaming license issued under
this Act. Its jurisdiction shall extend under this Act to
every person, association, corporation, partnership and trust

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involved in riverboat and casino gambling operations and
gaming pursuant to an organization gaming license issued under
this Act in the State of Illinois.
(2) (Blank). The Board shall consist of 5 members to be
appointed by the Governor with the advice and consent of the
Senate, one of whom shall be designated by the Governor to be
chairperson. Each member shall have a reasonable knowledge of
the practice, procedure and principles of gambling operations.
Each member shall either be a resident of Illinois or shall
certify that he or she will become a resident of Illinois
before taking office.
On and after the effective date of this amendatory Act of
the 101st General Assembly, new appointees to the Board must
include the following:
(A) One member who has received, at a minimum, a
bachelor's degree from an accredited school and at least
10 years of verifiable experience in the fields of
investigation and law enforcement.
(B) One member who is a certified public accountant
with experience in auditing and with knowledge of complex
corporate structures and transactions.
(C) One member who has 5 years' experience as a
principal, senior officer, or director of a company or
business with either material responsibility for the daily
operations and management of the overall company or
business or material responsibility for the policy making

SB2254 - 291 - LRB102 15486 SMS 20849 b
of the company or business.
(D) One member who is an attorney licensed to practice
law in Illinois for at least 5 years.
Notwithstanding any provision of this subsection (a), the
requirements of subparagraphs (A) through (D) of this
paragraph (2) shall not apply to any person reappointed
pursuant to paragraph (3).
No more than 3 members of the Board may be from the same
political party. No Board member shall, within a period of one
year immediately preceding nomination, have been employed or
received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Board, a licensee, or a licensee under the
Illinois Horse Racing Act of 1975. Board members must publicly
disclose all prior affiliations with gaming interests,
including any compensation, fees, bonuses, salaries, and other
reimbursement received from a person or entity, or its parent
or affiliate, that has engaged in business with the Board, a
licensee, or a licensee under the Illinois Horse Racing Act of
1975. This disclosure must be made within 30 days after
nomination but prior to confirmation by the Senate and must be
made available to the members of the Senate.
(3) (Blank). The terms of office of the Board members
shall be 3 years, except that the terms of office of the
initial Board members appointed pursuant to this Act will
commence from the effective date of this Act and run as

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follows: one for a term ending July 1, 1991, 2 for a term
ending July 1, 1992, and 2 for a term ending July 1, 1993. Upon
the expiration of the foregoing terms, the successors of such
members shall serve a term for 3 years and until their
successors are appointed and qualified for like terms.
Vacancies in the Board shall be filled for the unexpired term
in like manner as original appointments. Each member of the
Board shall be eligible for reappointment at the discretion of
the Governor with the advice and consent of the Senate.
(4) (Blank). Each member of the Board shall receive $300
for each day the Board meets and for each day the member
conducts any hearing pursuant to this Act. Each member of the
Board shall also be reimbursed for all actual and necessary
expenses and disbursements incurred in the execution of
official duties.
(5) (Blank). No person shall be appointed a member of the
Board or continue to be a member of the Board who is, or whose
spouse, child or parent is, a member of the board of directors
of, or a person financially interested in, any gambling
operation subject to the jurisdiction of this Board, or any
race track, race meeting, racing association or the operations
thereof subject to the jurisdiction of the Illinois Racing
Board. No Board member shall hold any other public office. No
person shall be a member of the Board who is not of good moral
character or who has been convicted of, or is under indictment
for, a felony under the laws of Illinois or any other state, or

SB2254 - 293 - LRB102 15486 SMS 20849 b
the United States.
(5.5) (Blank). No member of the Board shall engage in any
political activity. For the purposes of this Section,
"political" means any activity in support of or in connection
with any campaign for federal, State, or local elective office
or any political organization, but does not include activities
(i) relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
(6) (Blank). Any member of the Board may be removed by the
Governor for neglect of duty, misfeasance, malfeasance, or
nonfeasance in office or for engaging in any political
activity.
(7) (Blank). Before entering upon the discharge of the
duties of his office, each member of the Board shall take an
oath that he will faithfully execute the duties of his office
according to the laws of the State and the rules and
regulations adopted therewith and shall give bond to the State
of Illinois, approved by the Governor, in the sum of $25,000.
Every such bond, when duly executed and approved, shall be
recorded in the office of the Secretary of State. Whenever the
Governor determines that the bond of any member of the Board
has become or is likely to become invalid or insufficient, he

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shall require such member forthwith to renew his bond, which
is to be approved by the Governor. Any member of the Board who
fails to take oath and give bond within 30 days from the date
of his appointment, or who fails to renew his bond within 30
days after it is demanded by the Governor, shall be guilty of
neglect of duty and may be removed by the Governor. The cost of
any bond given by any member of the Board under this Section
shall be taken to be a part of the necessary expenses of the
Board.
(7.5) For the examination of all mechanical,
electromechanical, or electronic table games, slot machines,
slot accounting systems, sports wagering systems, and other
electronic gaming equipment, and the field inspection of such
systems, games, and machines, for compliance with this Act,
the Division Board shall utilize the services of independent
outside testing laboratories that have been accredited in
accordance with ISO/IEC 17025 by an accreditation body that is
a signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Agreement signifying they are
qualified to perform such examinations. Notwithstanding any
law to the contrary, the Division Board shall consider the
licensing of independent outside testing laboratory applicants
in accordance with procedures established by the Division
Board by rule. The Board shall not withhold its approval of an
independent outside testing laboratory license applicant that
has been accredited as required under this paragraph (7.5) and

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is licensed in gaming jurisdictions comparable to Illinois.
Upon the finalization of required rules, the Division Board
shall license independent testing laboratories and accept the
test reports of any licensed testing laboratory of the
system's, game's, or machine manufacturer's choice,
notwithstanding the existence of contracts between the
Division Board and any independent testing laboratory.
(8) The Division Board shall employ such personnel as may
be necessary to carry out its functions and shall determine
the salaries of all personnel, except those personnel whose
salaries are determined under the terms of a collective
bargaining agreement. No person shall be employed to serve the
Division Board who is, or whose spouse, parent or child is, an
official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations
within this State or any organization engaged in conducting
horse racing within this State. For the one year immediately
preceding employment, an employee shall not have been employed
or received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Division Board, a licensee, or a licensee
under the Illinois Horse Racing Act of 1975. Any employee
violating these prohibitions shall be subject to termination
of employment.
(9) An Administrator shall perform any and all duties that
the Division Board shall assign him. The salary of the

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Administrator shall be determined by the Division Board and,
in addition, he shall be reimbursed for all actual and
necessary expenses incurred by him in discharge of his
official duties. The Administrator shall keep records of all
proceedings of hearings before the Director the Board and
shall preserve all records, books, documents and other papers
belonging to the Division Board or entrusted to its care. The
Administrator shall devote his full time to the duties of the
office and shall not hold any other office or employment.
(b) The Division Board shall have general responsibility
for the implementation of this Act. Its duties include,
without limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Director Board. A request for a hearing must be made to
the Director Board in writing within 5 days after service
of notice of the action of the Division Board. Notice of
the action of the Division Board shall be served either by
personal delivery or by certified mail, postage prepaid,
to the aggrieved party. Notice served by certified mail
shall be deemed complete on the business day following the
date of such mailing. The Director Board shall conduct any
such hearings promptly and in reasonable order;
(2) To conduct all hearings pertaining to civil

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violations of this Act or rules and regulations
promulgated hereunder;
(3) To promulgate such rules and regulations as in its
judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection of
all license and registration fees and taxes imposed by
this Act and the rules and regulations issued pursuant
hereto. All such fees and taxes shall be deposited into
the State Gaming Fund;
(5) To provide for the levy and collection of
penalties and fines for the violation of provisions of
this Act and the rules and regulations promulgated
hereunder. All such fines and penalties shall be deposited
into the Education Assistance Fund, created by Public Act
86-0018, of the State of Illinois;
(6) To be present through its inspectors and agents
any time gambling operations are conducted on any
riverboat, in any casino, or at any organization gaming
facility for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment as
from time to time the Division Board may deem necessary

SB2254 - 298 - LRB102 15486 SMS 20849 b
and proper;
(7) To review and rule upon any complaint by a
licensee regarding any investigative procedures of the
State which are unnecessarily disruptive of gambling
operations. The need to inspect and investigate shall be
presumed at all times. The disruption of a licensee's
operations shall be proved by clear and convincing
evidence, and establish that: (A) the procedures had no
reasonable law enforcement purposes, and (B) the
procedures were so disruptive as to unreasonably inhibit
gambling operations;
(8) (Blank) To hold at least one meeting each quarter
of the fiscal year. In addition, special meetings may be
called by the Chairman or any 2 Board members upon 72 hours
written notice to each member. All Board meetings shall be
subject to the Open Meetings Act. Three members of the
Board shall constitute a quorum, and 3 votes shall be
required for any final determination by the Board. The
Board shall keep a complete and accurate record of all its
meetings. A majority of the members of the Board shall
constitute a quorum for the transaction of any business,
for the performance of any duty, or for the exercise of any
power which this Act requires the Board members to
transact, perform or exercise en banc, except that, upon
order of the Board, one of the Board members or an
administrative law judge designated by the Board may

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conduct any hearing provided for under this Act or by
Board rule and may recommend findings and decisions to the
Board. The Board member or administrative law judge
conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the
time of the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the
Board in such case;
(9) To maintain records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings before the Director;
(10) To file a written annual report with the Governor
on or before July 1 each year and such additional reports
as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Division Board, actions taken by the Division Board, and
any additional information and recommendations which the
Board may deem valuable or which the Governor may request;
(11) (Blank);
(12) (Blank);
(13) (Blank) To assume responsibility for
administration and enforcement of the Video Gaming Act;
(13.1) To assume responsibility for the administration

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and enforcement of operations at organization gaming
facilities pursuant to this Act and the Illinois Horse
Racing Act of 1975;
(13.2) (Blank) To assume responsibility for the
administration and enforcement of the Sports Wagering Act;
and
(14) To adopt, by rule, a code of conduct governing
Division Board members and employees that ensure, to the
maximum extent possible, that persons subject to this Code
avoid situations, relationships, or associations that may
represent or lead to a conflict of interest.
Internal controls and changes submitted by licensees must
be reviewed and either approved or denied with cause within 90
days after receipt of submission is deemed final by the
Division Illinois Gaming Board. In the event an internal
control submission or change does not meet the standards set
by the Division Board, staff of the Division Board must
provide technical assistance to the licensee to rectify such
deficiencies within 90 days after the initial submission and
the revised submission must be reviewed and approved or denied
with cause within 90 days after the date the revised
submission is deemed final by the Division Board. For the
purposes of this paragraph, "with cause" means that the
approval of the submission would jeopardize the integrity of
gaming. In the event the Division Board staff has not acted
within the timeframe, the submission shall be deemed approved.

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(c) The Division Board shall have jurisdiction over and
shall supervise all gambling operations governed by this Act.
The Division Board shall have all powers necessary and proper
to fully and effectively execute the provisions of this Act,
including, but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations authorized under this Act
and all persons in places where gambling operations are
conducted.
(3) To promulgate rules and regulations for the
purpose of administering the provisions of this Act and to
prescribe rules, regulations and conditions under which
all gambling operations subject to this Act shall be
conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat gambling,
including rules and regulations regarding the inspection
of organization gaming facilities, casinos, and
riverboats, and the review of any permits or licenses
necessary to operate a riverboat, casino, or organization
gaming facility under any laws or regulations applicable
to riverboats, casinos, or organization gaming facilities

SB2254 - 302 - LRB102 15486 SMS 20849 b
and to impose penalties for violations thereof.
(4) To enter the office, riverboats, casinos,
organization gaming facilities, and other facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of
this Act is likely to be found.
(5) To investigate alleged violations of this Act or
the rules of the Division Board and to take appropriate
disciplinary action against a licensee or a holder of an
occupational license for a violation, or institute
appropriate legal action for enforcement, or both.
(6) To adopt standards for the licensing of all
persons and entities under this Act, as well as for
electronic or mechanical gambling games, and to establish
fees for such licenses.
(7) To adopt appropriate standards for all
organization gaming facilities, riverboats, casinos, and
other facilities authorized under this Act.
(8) To require that the records, including financial
or other statements of any licensee under this Act, shall
be kept in such manner as prescribed by the Division Board
and that any such licensee involved in the ownership or
management of gambling operations submit to the Division
Board an annual balance sheet and profit and loss
statement, list of the stockholders or other persons
having a 1% or greater beneficial interest in the gambling

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activities of each licensee, and any other information the
Division Board deems necessary in order to effectively
administer this Act and all rules, regulations, orders and
final decisions promulgated under this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent documents
in accordance with the Illinois Administrative Procedure
Act, and to administer oaths and affirmations to the
witnesses, when, in the judgment of the Division Board, it
is necessary to administer or enforce this Act or the
Division Board rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Division
Board may see fit and in compliance with applicable laws
of the State regarding administrative procedures, and to
review applications for the renewal of licenses. The
Division Board may suspend an owners license or an
organization gaming license without notice or hearing upon
a determination that the safety or health of patrons or
employees is jeopardized by continuing a gambling
operation conducted under that license. The suspension may
remain in effect until the Division Board determines that

SB2254 - 304 - LRB102 15486 SMS 20849 b
the cause for suspension has been abated. The Division
Board may revoke an owners license or organization gaming
license upon a determination that the licensee has not
made satisfactory progress toward abating the hazard.
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from gambling facilities where
that person is in violation of this Act, rules and
regulations thereunder, or final orders of the Division
Board, or where such person's conduct or reputation is
such that his or her presence within the gambling
facilities may, in the opinion of the Division Board, call
into question the honesty and integrity of the gambling
operations or interfere with the orderly conduct thereof;
provided that the propriety of such ejection or exclusion
is subject to subsequent hearing by the Division Board.
(13) To require all licensees of gambling operations
to utilize a cashless wagering system whereby all players'
money is converted to tokens, electronic cards, or chips
which shall be used only for wagering in the gambling
establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Division Board
rule or for engaging in a fraudulent practice, and to
impose civil penalties of up to $5,000 against individuals

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and up to $10,000 or an amount equal to the daily gross
receipts, whichever is larger, against licensees for each
violation of any provision of the Act, any rules adopted
by the Division Board, any order of the Division Board or
any other action which, in the Division's Board's
discretion, is a detriment or impediment to gambling
operations.
(16) To hire employees to gather information, conduct
investigations and carry out any other tasks contemplated
under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve
alcoholic liquors, wine or beer as defined in the Liquor
Control Act of 1934 on board a riverboat or in a casino and
to have exclusive authority to establish the hours for
sale and consumption of alcoholic liquor on board a
riverboat or in a casino, notwithstanding any provision of
the Liquor Control Act of 1934 or any local ordinance, and
regardless of whether the riverboat makes excursions. The
establishment of the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino is an
exclusive power and function of the State. A home rule
unit may not establish the hours for sale and consumption
of alcoholic liquor on board a riverboat or in a casino.
This subdivision (18) is a denial and limitation of home

SB2254 - 306 - LRB102 15486 SMS 20849 b
rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Division
Board regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and the rules adopted by the Division
Board.
(20.5) To approve any contract entered into on its
behalf.
(20.6) To appoint investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act, as deemed necessary by the
Division Board. These investigators have and may exercise
all of the rights and powers of peace officers, provided
that these powers shall be limited to offenses or
violations occurring or committed in a casino, in an
organization gaming facility, or on a riverboat or dock,
as defined in subsections (d) and (f) of Section 4, or as
otherwise provided by this Act or any other law.
(20.7) To contract with the Department of State Police
for the use of trained and qualified State police officers

SB2254 - 307 - LRB102 15486 SMS 20849 b
and with the Department of Revenue for the use of trained
and qualified Department of Revenue investigators to
conduct investigations, searches, seizures, arrests, and
other duties imposed under this Act and to exercise all of
the rights and powers of peace officers, provided that the
powers of Department of Revenue investigators under this
subdivision (20.7) shall be limited to offenses or
violations occurring or committed in a casino, in an
organization gaming facility, or on a riverboat or dock,
as defined in subsections (d) and (f) of Section 4, or as
otherwise provided by this Act or any other law. In the
event the Department of State Police or the Department of
Revenue is unable to fill contracted police or
investigative positions, the Division Board may appoint
investigators to fill those positions pursuant to
subdivision (20.6).
(21) To adopt rules concerning the conduct of gaming
pursuant to an organization gaming license issued under
this Act.
(22) To have the same jurisdiction and supervision
over casinos and organization gaming facilities as the
Division Board has over riverboats, including, but not
limited to, the power to (i) investigate, review, and
approve contracts as that power is applied to riverboats,
(ii) adopt rules for administering the provisions of this
Act, (iii) adopt standards for the licensing of all

SB2254 - 308 - LRB102 15486 SMS 20849 b
persons involved with a casino or organization gaming
facility, (iv) investigate alleged violations of this Act
by any person involved with a casino or organization
gaming facility, and (v) require that records, including
financial or other statements of any casino or
organization gaming facility, shall be kept in such manner
as prescribed by the Division Board.
(23) To take any other action as may be reasonable or
appropriate to enforce this Act and the rules adopted by
the Division Board.
(d) The Division Board may seek and shall receive the
cooperation of the Department of State Police in conducting
background investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Division Board in conformance with the
requirements of Section 2605-400 of the Department of State
Police Law.
(e) The Division Board must authorize to each investigator
and to any other employee of the Division Board exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by the
Division Board and (ii) contains a unique identifying number.
No other badge shall be authorized by the Division Board.
(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)

SB2254 - 309 - LRB102 15486 SMS 20849 b
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1. Disclosure of records.
(a) Notwithstanding any applicable statutory provision to
the contrary, the Division Board shall, on written request
from any person, provide information furnished by an applicant
or licensee concerning the applicant or licensee, his
products, services or gambling enterprises and his business
holdings, as follows:
(1) The name, business address and business telephone
number of any applicant or licensee.
(2) An identification of any applicant or licensee
including, if an applicant or licensee is not an
individual, the names and addresses of all stockholders
and directors, if the entity is a corporation; the names
and addresses of all members, if the entity is a limited
liability company; the names and addresses of all
partners, both general and limited, if the entity is a
partnership; and the names and addresses of all
beneficiaries, if the entity is a trust. If an applicant
or licensee has a pending registration statement filed
with the Securities and Exchange Commission, only the
names of those persons or entities holding interest of 5%
or more must be provided.
(3) An identification of any business, including, if
applicable, the state of incorporation or registration, in
which an applicant or licensee or an applicant's or

SB2254 - 310 - LRB102 15486 SMS 20849 b
licensee's spouse or children has an equity interest of
more than 1%. If an applicant or licensee is a
corporation, partnership or other business entity, the
applicant or licensee shall identify any other
corporation, partnership or business entity in which it
has an equity interest of 1% or more, including, if
applicable, the state of incorporation or registration.
This information need not be provided by a corporation,
partnership or other business entity that has a pending
registration statement filed with the Securities and
Exchange Commission.
(4) Whether an applicant or licensee has been
indicted, convicted, pleaded guilty or nolo contendere, or
forfeited bail concerning any criminal offense under the
laws of any jurisdiction, either felony or misdemeanor
(except for traffic violations), including the date, the
name and location of the court, arresting agency and
prosecuting agency, the case number, the offense, the
disposition and the location and length of incarceration.
(5) Whether an applicant or licensee has had any
license or certificate issued by a licensing authority in
Illinois or any other jurisdiction denied, restricted,
suspended, revoked or not renewed and a statement
describing the facts and circumstances concerning the
denial, restriction, suspension, revocation or
non-renewal, including the licensing authority, the date

SB2254 - 311 - LRB102 15486 SMS 20849 b
each such action was taken, and the reason for each such
action.
(6) Whether an applicant or licensee has ever filed or
had filed against it a proceeding in bankruptcy or has
ever been involved in any formal process to adjust, defer,
suspend or otherwise work out the payment of any debt
including the date of filing, the name and location of the
court, the case and number of the disposition.
(7) Whether an applicant or licensee has filed, or
been served with a complaint or other notice filed with
any public body, regarding the delinquency in the payment
of, or a dispute over the filings concerning the payment
of, any tax required under federal, State or local law,
including the amount, type of tax, the taxing agency and
time periods involved.
(8) A statement listing the names and titles of all
public officials or officers of any unit of government,
and relatives of said public officials or officers who,
directly or indirectly, own any financial interest in,
have any beneficial interest in, are the creditors of or
hold any debt instrument issued by, or hold or have any
interest in any contractual or service relationship with,
an applicant or licensee.
(9) Whether an applicant or licensee has made,
directly or indirectly, any political contribution, or any
loans, donations or other payments, to any candidate or

SB2254 - 312 - LRB102 15486 SMS 20849 b
office holder, within 5 years from the date of filing the
application, including the amount and the method of
payment.
(10) The name and business telephone number of the
counsel representing an applicant or licensee in matters
before the Division Board.
(11) A description of any proposed or approved
gambling operation, including the type of boat, home dock,
or casino or gaming location, expected economic benefit to
the community, anticipated or actual number of employees,
any statement from an applicant or licensee regarding
compliance with federal and State affirmative action
guidelines, projected or actual admissions and projected
or actual adjusted gross gaming receipts.
(12) A description of the product or service to be
supplied by an applicant for a supplier's license.
(b) Notwithstanding any applicable statutory provision to
the contrary, the Division Board shall, on written request
from any person, also provide the following information:
(1) The amount of the wagering tax and admission tax
paid daily to the State of Illinois by the holder of an
owner's license.
(2) Whenever the Division Board finds an applicant for
an owner's license unsuitable for licensing, a copy of the
written letter outlining the reasons for the denial.
(3) Whenever the Division Board has refused to grant

SB2254 - 313 - LRB102 15486 SMS 20849 b
leave for an applicant to withdraw his application, a copy
of the letter outlining the reasons for the refusal.
(c) Subject to the above provisions, the Division Board
shall not disclose any information which would be barred by:
(1) Section 7 of the Freedom of Information Act; or
(2) The statutes, rules, regulations or
intergovernmental agreements of any jurisdiction.
(d) The Division Board may assess fees for the copying of
information in accordance with Section 6 of the Freedom of
Information Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/5.2)
Sec. 5.2. Separation from Department of Revenue. As of
July 1, 2009, all of the powers, duties, assets, liabilities,
employees, contracts, property, records, pending business, and
unexpended appropriations of the Department of Revenue related
to the administration and enforcement of this Act are
transferred to the former Illinois Gaming Board.
The status and rights of the transferred employees, and
the rights of the State of Illinois and its agencies, under the
Personnel Code and applicable collective bargaining agreements
or under any pension, retirement, or annuity plan are not
affected (except as provided in Sections 14-110 and 18-127 of
the Illinois Pension Code) by that transfer or by any other
provision of this amendatory Act of the 96th General Assembly.

SB2254 - 314 - LRB102 15486 SMS 20849 b
This Section is declarative of existing law.
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/5.3)
Sec. 5.3. Ethical conduct.
(a) Officials and employees of the corporate authority of
a host community must carry out their duties and
responsibilities in such a manner as to promote and preserve
public trust and confidence in the integrity and conduct of
gaming.
(b) Officials and employees of the corporate authority of
a host community shall not use or attempt to use his or her
official position to secure or attempt to secure any
privilege, advantage, favor, or influence for himself or
herself or others.
(c) Officials and employees of the corporate authority of
a host community may not have a financial interest, directly
or indirectly, in his or her own name or in the name of any
other person, partnership, association, trust, corporation, or
other entity in any contract or subcontract for the
performance of any work for a riverboat or casino that is
located in the host community. This prohibition shall extend
to the holding or acquisition of an interest in any entity
identified by Division Board action that, in the Division's
Board's judgment, could represent the potential for or the
appearance of a financial interest. The holding or acquisition

SB2254 - 315 - LRB102 15486 SMS 20849 b
of an interest in such entities through an indirect means,
such as through a mutual fund, shall not be prohibited, except
that the Division Board may identify specific investments or
funds that, in its judgment, are so influenced by gaming
holdings as to represent the potential for or the appearance
of a conflict of interest.
(d) Officials and employees of the corporate authority of
a host community may not accept any gift, gratuity, service,
compensation, travel, lodging, or thing of value, with the
exception of unsolicited items of an incidental nature, from
any person, corporation, or entity doing business with the
riverboat or casino that is located in the host community.
(e) Officials and employees of the corporate authority of
a host community shall not, during the period that the person
is an official or employee of the corporate authority or for a
period of 2 years immediately after leaving such office,
knowingly accept employment or receive compensation or fees
for services from a person or entity, or its parent or
affiliate, that has engaged in business with the riverboat or
casino that is located in the host community that resulted in
contracts with an aggregate value of at least $25,000 or if
that official or employee has made a decision that directly
applied to the person or entity, or its parent or affiliate.
(f) A spouse, child, or parent of an official or employee
of the corporate authority of a host community may not have a
financial interest, directly or indirectly, in his or her own

SB2254 - 316 - LRB102 15486 SMS 20849 b
name or in the name of any other person, partnership,
association, trust, corporation, or other entity in any
contract or subcontract for the performance of any work for a
riverboat or casino in the host community. This prohibition
shall extend to the holding or acquisition of an interest in
any entity identified by Division Board action that, in the
judgment of the Division Board, could represent the potential
for or the appearance of a conflict of interest. The holding or
acquisition of an interest in such entities through an
indirect means, such as through a mutual fund, shall not be
prohibited, expect that the Division Board may identify
specific investments or funds that, in its judgment, are so
influenced by gaming holdings as to represent the potential
for or the appearance of a conflict of interest.
(g) A spouse, child, or parent of an official or employee
of the corporate authority of a host community may not accept
any gift, gratuity, service, compensation, travel, lodging, or
thing of value, with the exception of unsolicited items of an
incidental nature, from any person, corporation, or entity
doing business with the riverboat or casino that is located in
the host community.
(h) A spouse, child, or parent of an official or employee
of the corporate authority of a host community may not, during
the period that the person is an official of the corporate
authority or for a period of 2 years immediately after leaving
such office or employment, knowingly accept employment or

SB2254 - 317 - LRB102 15486 SMS 20849 b
receive compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the riverboat or casino that is located in the
host community that resulted in contracts with an aggregate
value of at least $25,000 or if that official or employee has
made a decision that directly applied to the person or entity,
or its parent or affiliate.
(i) Officials and employees of the corporate authority of
a host community shall not attempt, in any way, to influence
any person or entity doing business with the riverboat or
casino that is located in the host community or any officer,
agent, or employee thereof to hire or contract with any person
or entity for any compensated work.
(j) Any communication between an official of the corporate
authority of a host community and any applicant for an owners
license in the host community, or an officer, director, or
employee of a riverboat or casino in the host community,
concerning any matter relating in any way to gaming shall be
disclosed to the Division Board. Such disclosure shall be in
writing by the official within 30 days after the communication
and shall be filed with the Division Board. Disclosure must
consist of the date of the communication, the identity and job
title of the person with whom the communication was made, a
brief summary of the communication, the action requested or
recommended, all responses made, the identity and job title of
the person making the response, and any other pertinent

SB2254 - 318 - LRB102 15486 SMS 20849 b
information. Public disclosure of the written summary provided
to the Division Board and the Gaming Board shall be subject to
the exemptions provided under the Freedom of Information Act.
This subsection (j) shall not apply to communications
regarding traffic, law enforcement, security, environmental
issues, city services, transportation, or other routine
matters concerning the ordinary operations of the riverboat or
casino. For purposes of this subsection (j), "ordinary
operations" means operations relating to the casino or
riverboat facility other than the conduct of gambling
activities, and "routine matters" includes the application
for, issuance of, renewal of, and other processes associated
with municipal permits and licenses.
(k) Any official or employee who violates any provision of
this Section is guilty of a Class 4 felony.
(l) For purposes of this Section, "host community" or
"host municipality" means a unit of local government that
contains a riverboat or casino within its borders.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for owners license.
(a) A qualified person may apply to the Division Board for
an owners license to conduct a gambling operation as provided
in this Act. The application shall be made on forms provided by
the Division Board and shall contain such information as the

SB2254 - 319 - LRB102 15486 SMS 20849 b
Division Board prescribes, including but not limited to the
identity of the riverboat on which such gambling operation is
to be conducted, if applicable, and the exact location where
such riverboat or casino will be located, a certification that
the riverboat will be registered under this Act at all times
during which gambling operations are conducted on board,
detailed information regarding the ownership and management of
the applicant, and detailed personal information regarding the
applicant. Any application for an owners license to be
re-issued on or after June 1, 2003 shall also include the
applicant's license bid in a form prescribed by the Division
Board. Information provided on the application shall be used
as a basis for a thorough background investigation which the
Division Board shall conduct with respect to each applicant.
An incomplete application shall be cause for denial of a
license by the Division Board.
(a-5) In addition to any other information required under
this Section, each application for an owners license must
include the following information:
(1) The history and success of the applicant and each
person and entity disclosed under subsection (c) of this
Section in developing tourism facilities ancillary to
gaming, if applicable.
(2) The likelihood that granting a license to the
applicant will lead to the creation of quality, living
wage jobs and permanent, full-time jobs for residents of

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the State and residents of the unit of local government
that is designated as the home dock of the proposed
facility where gambling is to be conducted by the
applicant.
(3) The projected number of jobs that would be created
if the license is granted and the projected number of new
employees at the proposed facility where gambling is to be
conducted by the applicant.
(4) The record, if any, of the applicant and its
developer in meeting commitments to local agencies,
community-based organizations, and employees at other
locations where the applicant or its developer has
performed similar functions as they would perform if the
applicant were granted a license.
(5) Identification of adverse effects that might be
caused by the proposed facility where gambling is to be
conducted by the applicant, including the costs of meeting
increased demand for public health care, child care,
public transportation, affordable housing, and social
services, and a plan to mitigate those adverse effects.
(6) The record, if any, of the applicant and its
developer regarding compliance with:
(A) federal, state, and local discrimination, wage
and hour, disability, and occupational and
environmental health and safety laws; and
(B) state and local labor relations and employment

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laws.
(7) The applicant's record, if any, in dealing with
its employees and their representatives at other
locations.
(8) A plan concerning the utilization of
minority-owned and women-owned businesses and concerning
the hiring of minorities and women.
(9) Evidence the applicant used its best efforts to
reach a goal of 25% ownership representation by minority
persons and 5% ownership representation by women.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will be located.
(c) Each applicant shall disclose the identity of every
person or entity having a greater than 1% direct or indirect
pecuniary interest in the gambling operation with respect to
which the license is sought. If the disclosed entity is a
trust, the application shall disclose the names and addresses
of all beneficiaries; if a corporation, the names and
addresses of all stockholders and directors; if a partnership,
the names and addresses of all partners, both general and
limited.
(d) An application shall be filed and considered in
accordance with the rules of the Division Board. Each
application shall be accompanied by a nonrefundable

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application fee of $250,000. In addition, a nonrefundable fee
of $50,000 shall be paid at the time of filing to defray the
costs associated with the background investigation conducted
by the Division Board. If the costs of the investigation
exceed $50,000, the applicant shall pay the additional amount
to the Division Board within 7 days after requested by the
Division Board. If the costs of the investigation are less
than $50,000, the applicant shall receive a refund of the
remaining amount. All information, records, interviews,
reports, statements, memoranda or other data supplied to or
used by the Division Board in the course of its review or
investigation of an application for a license or a renewal
under this Act shall be privileged, strictly confidential and
shall be used only for the purpose of evaluating an applicant
for a license or a renewal. Such information, records,
interviews, reports, statements, memoranda or other data shall
not be admissible as evidence, nor discoverable in any action
of any kind in any court or before any tribunal, board, agency
or person, except for any action deemed necessary by the
Division Board. The application fee shall be deposited into
the State Gaming Fund.
(e) The Division Board shall charge each applicant a fee
set by the Department of State Police to defray the costs
associated with the search and classification of fingerprints
obtained by the Division Board with respect to the applicant's
application. These fees shall be paid into the State Police

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Services Fund. In order to expedite the application process,
the Division Board may establish rules allowing applicants to
acquire criminal background checks and financial integrity
reviews as part of the initial application process from a list
of vendors approved by the Division Board.
(f) The licensed owner shall be the person primarily
responsible for the boat or casino itself. Only one gambling
operation may be authorized by the Division Board on any
riverboat or in any casino. The applicant must identify the
riverboat or premises it intends to use and certify that the
riverboat or premises: (1) has the authorized capacity
required in this Act; (2) is accessible to persons with
disabilities; and (3) is fully registered and licensed in
accordance with any applicable laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7) (from Ch. 120, par. 2407)
Sec. 7. Owners licenses.
(a) The Division Board shall issue owners licenses to
persons or entities that apply for such licenses upon payment
to the Division Board of the non-refundable license fee as
provided in subsection (e) or (e-5) and upon a determination
by the Division Board that the applicant is eligible for an
owners license pursuant to this Act and the rules of the

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Division Board. From December 15, 2008 (the effective date of
Public Act 95-1008) this amendatory Act of the 95th General
Assembly until (i) 3 years after December 15, 2008 (the
effective date of Public Act 95-1008) this amendatory Act of
the 95th General Assembly, (ii) the date any organization
licensee begins to operate a slot machine or video game of
chance under the Illinois Horse Racing Act of 1975 or this Act,
(iii) the date that payments begin under subsection (c-5) of
Section 13 of this Act, (iv) the wagering tax imposed under
Section 13 of this Act is increased by law to reflect a tax
rate that is at least as stringent or more stringent than the
tax rate contained in subsection (a-3) of Section 13, or (v)
when an owners licensee holding a license issued pursuant to
Section 7.1 of this Act begins conducting gaming, whichever
occurs first, as a condition of licensure and as an
alternative source of payment for those funds payable under
subsection (c-5) of Section 13 of this Act, any owners
licensee that holds or receives its owners license on or after
May 26, 2006 (the effective date of Public Act 94-804) this
amendatory Act of the 94th General Assembly, other than an
owners licensee operating a riverboat with adjusted gross
receipts in calendar year 2004 of less than $200,000,000, must
pay into the Horse Racing Equity Trust Fund, in addition to any
other payments required under this Act, an amount equal to 3%
of the adjusted gross receipts received by the owners
licensee. The payments required under this Section shall be

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made by the owners licensee to the State Treasurer no later
than 3:00 o'clock p.m. of the day after the day when the
adjusted gross receipts were received by the owners licensee.
A person or entity is ineligible to receive an owners license
if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012, or substantially similar laws of any other
jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) (blank) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) is an
officer, director, or managerial employee of the entity;
(6) the entity employs a person defined in (1), (2),
(3), or (4) who participates in the management or
operation of gambling operations authorized under this
Act;
(7) (blank); or
(8) a license of the person or entity issued under
this Act, or a license to own or operate gambling
facilities in any other jurisdiction, has been revoked.
The Division Board is expressly prohibited from making

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changes to the requirement that licensees make payment into
the Horse Racing Equity Trust Fund without the express
authority of the Illinois General Assembly and making any
other rule to implement or interpret Public Act 95-1008 this
amendatory Act of the 95th General Assembly. For the purposes
of this paragraph, "rules" is given the meaning given to that
term in Section 1-70 of the Illinois Administrative Procedure
Act.
(b) In determining whether to grant an owners license to
an applicant, the Division Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant; , or
(B) is controlled, directly or indirectly, by such
applicant or by a person which controls, directly or
indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of gambling;
(3) the highest prospective total revenue to be
derived by the State from the conduct of gambling;
(4) the extent to which the ownership of the applicant
reflects the diversity of the State by including minority
persons, women, and persons with a disability and the good
faith affirmative action plan of each applicant to

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recruit, train and upgrade minority persons, women, and
persons with a disability in all employment
classifications; the Division Board shall further consider
granting an owners license and giving preference to an
applicant under this Section to applicants in which
minority persons and women hold ownership interest of at
least 16% and 4%, respectively; .
(4.5) the extent to which the ownership of the
applicant includes veterans of service in the armed forces
of the United States, and the good faith affirmative
action plan of each applicant to recruit, train, and
upgrade veterans of service in the armed forces of the
United States in all employment classifications;
(5) the financial ability of the applicant to purchase
and maintain adequate liability and casualty insurance;
(6) whether the applicant has adequate capitalization
to provide and maintain, for the duration of a license, a
riverboat or casino;
(7) the extent to which the applicant exceeds or meets
other standards for the issuance of an owners license
which the Division Board may adopt by rule;
(8) the amount of the applicant's license bid;
(9) the extent to which the applicant or the proposed
host municipality plans to enter into revenue sharing
agreements with communities other than the host
municipality; and

SB2254 - 328 - LRB102 15486 SMS 20849 b
(10) the extent to which the ownership of an applicant
includes the most qualified number of minority persons,
women, and persons with a disability.
(c) Each owners license shall specify the place where the
casino shall operate or the riverboat shall operate and dock.
(d) Each applicant shall submit with his or her
application, on forms provided by the Division Board, 2 sets
of his or her fingerprints.
(e) In addition to any licenses authorized under
subsection (e-5) of this Section, the Division Board may issue
up to 10 licenses authorizing the holders of such licenses to
own riverboats. In the application for an owners license, the
applicant shall state the dock at which the riverboat is based
and the water on which the riverboat will be located. The
Division Board shall issue 5 licenses to become effective not
earlier than January 1, 1991. Three of such licenses shall
authorize riverboat gambling on the Mississippi River, or,
with approval by the municipality in which the riverboat was
docked on August 7, 2003 and with Division Board approval, be
authorized to relocate to a new location, in a municipality
that (1) borders on the Mississippi River or is within 5 miles
of the city limits of a municipality that borders on the
Mississippi River and (2) on August 7, 2003, had a riverboat
conducting riverboat gambling operations pursuant to a license
issued under this Act; one of which shall authorize riverboat
gambling from a home dock in the city of East St. Louis; and

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one of which shall authorize riverboat gambling from a home
dock in the City of Alton. One other license shall authorize
riverboat gambling on the Illinois River in the City of East
Peoria or, with Division Board approval, shall authorize
land-based gambling operations anywhere within the corporate
limits of the City of Peoria. The Division Board shall issue
one additional license to become effective not earlier than
March 1, 1992, which shall authorize riverboat gambling on the
Des Plaines River in Will County. The Division Board may issue
4 additional licenses to become effective not earlier than
March 1, 1992. In determining the water upon which riverboats
will operate, the Division Board shall consider the economic
benefit which riverboat gambling confers on the State, and
shall seek to assure that all regions of the State share in the
economic benefits of riverboat gambling.
In granting all licenses, the Division Board may give
favorable consideration to economically depressed areas of the
State, to applicants presenting plans which provide for
significant economic development over a large geographic area,
and to applicants who currently operate non-gambling
riverboats in Illinois. The Board shall review all
applications for owners licenses, and shall inform each
applicant of the Division's Board's decision. The Division
Board may grant an owners license to an applicant that has not
submitted the highest license bid, but if it does not select
the highest bidder, the Division Board shall issue a written

SB2254 - 330 - LRB102 15486 SMS 20849 b
decision explaining why another applicant was selected and
identifying the factors set forth in this Section that favored
the winning bidder. The fee for issuance or renewal of a
license pursuant to this subsection (e) shall be $250,000.
(e-5) In addition to licenses authorized under subsection
(e) of this Section:
(1) the Division Board may issue one owners license
authorizing the conduct of casino gambling in the City of
Chicago;
(2) the Division Board may issue one owners license
authorizing the conduct of riverboat gambling in the City
of Danville;
(3) the Division Board may issue one owners license
authorizing the conduct of riverboat gambling in the City
of Waukegan;
(4) the Division Board may issue one owners license
authorizing the conduct of riverboat gambling in the City
of Rockford;
(5) the Division Board may issue one owners license
authorizing the conduct of riverboat gambling in a
municipality that is wholly or partially located in one of
the following townships of Cook County: Bloom, Bremen,
Calumet, Rich, Thornton, or Worth Township; and
(6) the Division Board may issue one owners license
authorizing the conduct of riverboat gambling in the
unincorporated area of Williamson County adjacent to the

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Big Muddy River.
Except for the license authorized under paragraph (1),
each application for a license pursuant to this subsection
(e-5) shall be submitted to the Division Board no later than
120 days after June 28, 2019 (the effective date of Public Act
101-31). All applications for a license under this subsection
(e-5) shall include the nonrefundable application fee and the
nonrefundable background investigation fee as provided in
subsection (d) of Section 6 of this Act. In the event that an
applicant submits an application for a license pursuant to
this subsection (e-5) prior to June 28, 2019 (the effective
date of Public Act 101-31), such applicant shall submit the
nonrefundable application fee and background investigation fee
as provided in subsection (d) of Section 6 of this Act no later
than 6 months after June 28, 2019 (the effective date of Public
Act 101-31).
The Division Board shall consider issuing a license
pursuant to paragraphs (1) through (6) of this subsection only
after the corporate authority of the municipality or the
county board of the county in which the riverboat or casino
shall be located has certified to the Division Board the
following:
(i) that the applicant has negotiated with the
corporate authority or county board in good faith;
(ii) that the applicant and the corporate authority or
county board have mutually agreed on the permanent

SB2254 - 332 - LRB102 15486 SMS 20849 b
location of the riverboat or casino;
(iii) that the applicant and the corporate authority
or county board have mutually agreed on the temporary
location of the riverboat or casino;
(iv) that the applicant and the corporate authority or
the county board have mutually agreed on the percentage of
revenues that will be shared with the municipality or
county, if any;
(v) that the applicant and the corporate authority or
county board have mutually agreed on any zoning,
licensing, public health, or other issues that are within
the jurisdiction of the municipality or county;
(vi) that the corporate authority or county board has
passed a resolution or ordinance in support of the
riverboat or casino in the municipality or county;
(vii) the applicant for a license under paragraph (1)
has made a public presentation concerning its casino
proposal; and
(viii) the applicant for a license under paragraph (1)
has prepared a summary of its casino proposal and such
summary has been posted on a public website of the
municipality or the county.
At least 7 days before the corporate authority of a
municipality or county board of the county submits a
certification to the Division Board concerning items (i)
through (viii) of this subsection, it shall hold a public

SB2254 - 333 - LRB102 15486 SMS 20849 b
hearing to discuss items (i) through (viii), as well as any
other details concerning the proposed riverboat or casino in
the municipality or county. The corporate authority or county
board must subsequently memorialize the details concerning the
proposed riverboat or casino in a resolution that must be
adopted by a majority of the corporate authority or county
board before any certification is sent to the Division Board.
The Division Board shall not alter, amend, change, or
otherwise interfere with any agreement between the applicant
and the corporate authority of the municipality or county
board of the county regarding the location of any temporary or
permanent facility.
In addition, within 10 days after June 28, 2019 (the
effective date of Public Act 101-31), the Board, with consent
and at the expense of the City of Chicago, shall select and
retain the services of a nationally recognized casino gaming
feasibility consultant. Within 45 days after June 28, 2019
(the effective date of Public Act 101-31), the consultant
shall prepare and deliver to the Board a study concerning the
feasibility of, and the ability to finance, a casino in the
City of Chicago. The feasibility study shall be delivered to
the Mayor of the City of Chicago, the Governor, the President
of the Senate, and the Speaker of the House of
Representatives. Ninety days after receipt of the feasibility
study, the Board shall make a determination, based on the
results of the feasibility study, whether to recommend to the

SB2254 - 334 - LRB102 15486 SMS 20849 b
General Assembly that the terms of the license under paragraph
(1) of this subsection (e-5) should be modified. The Board may
begin accepting applications for the owners license under
paragraph (1) of this subsection (e-5) upon the determination
to issue such an owners license.
In addition, prior to the Division Board issuing the
owners license authorized under paragraph (4) of subsection
(e-5), an impact study shall be completed to determine what
location in the city will provide the greater impact to the
region, including the creation of jobs and the generation of
tax revenue.
(e-10) The licenses authorized under subsection (e-5) of
this Section shall be issued within 12 months after the date
the license application is submitted. If the Division Board
does not issue the licenses within that time period, then the
Division Board shall give a written explanation to the
applicant as to why it has not reached a determination and when
it reasonably expects to make a determination. The fee for the
issuance or renewal of a license issued pursuant to this
subsection (e-10) shall be $250,000. Additionally, a licensee
located outside of Cook County shall pay a minimum initial fee
of $17,500 per gaming position, and a licensee located in Cook
County shall pay a minimum initial fee of $30,000 per gaming
position. The initial fees payable under this subsection
(e-10) shall be deposited into the Rebuild Illinois Projects
Fund. If at any point after June 1, 2020 there are no pending

SB2254 - 335 - LRB102 15486 SMS 20849 b
applications for a license under subsection (e-5) and not all
licenses authorized under subsection (e-5) have been issued,
then the Division Board shall reopen the license application
process for those licenses authorized under subsection (e-5)
that have not been issued. The Division Board shall follow the
licensing process provided in subsection (e-5) with all time
frames tied to the last date of a final order issued by the
Division Board under subsection (e-5) rather than the
effective date of the amendatory Act.
(e-15) Each licensee of a license authorized under
subsection (e-5) of this Section shall make a reconciliation
payment 3 years after the date the licensee begins operating
in an amount equal to 75% of the adjusted gross receipts for
the most lucrative 12-month period of operations, minus an
amount equal to the initial payment per gaming position paid
by the specific licensee. Each licensee shall pay a
$15,000,000 reconciliation fee upon issuance of an owners
license. If this calculation results in a negative amount,
then the licensee is not entitled to any reimbursement of fees
previously paid. This reconciliation payment may be made in
installments over a period of no more than 6 years.
All payments by licensees under this subsection (e-15)
shall be deposited into the Rebuild Illinois Projects Fund.
(e-20) In addition to any other revocation powers granted
to the Division Board under this Act, the Division Board may
revoke the owners license of a licensee which fails to begin

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conducting gambling within 15 months of receipt of the
Division's Board's approval of the application if the Division
Board determines that license revocation is in the best
interests of the State.
(f) The first 10 owners licenses issued under this Act
shall permit the holder to own up to 2 riverboats and equipment
thereon for a period of 3 years after the effective date of the
license. Holders of the first 10 owners licenses must pay the
annual license fee for each of the 3 years during which they
are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of
each of the first 10 licenses, which shall be issued for a
3-year period, all licenses are renewable annually upon
payment of the fee and a determination by the Division Board
that the licensee continues to meet all of the requirements of
this Act and the Division's Board's rules. However, for
licenses renewed on or after May 1, 1998, renewal shall be for
a period of 4 years, unless the Division Board sets a shorter
period.
(h) An owners license, except for an owners license issued
under subsection (e-5) of this Section, shall entitle the
licensee to own up to 2 riverboats.
An owners licensee of a casino or riverboat that is
located in the City of Chicago pursuant to paragraph (1) of
subsection (e-5) of this Section shall limit the number of
gaming positions to 4,000 for such owner. An owners licensee

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authorized under subsection (e) or paragraph (2), (3), (4), or
(5) of subsection (e-5) of this Section shall limit the number
of gaming positions to 2,000 for any such owners license. An
owners licensee authorized under paragraph (6) of subsection
(e-5) of this Section shall limit the number of gaming
positions to 1,200 for such owner. The initial fee for each
gaming position obtained on or after June 28, 2019 (the
effective date of Public Act 101-31) shall be a minimum of
$17,500 for licensees not located in Cook County and a minimum
of $30,000 for licensees located in Cook County, in addition
to the reconciliation payment, as set forth in subsection
(e-15) of this Section. The fees under this subsection (h)
shall be deposited into the Rebuild Illinois Projects Fund.
The fees under this subsection (h) that are paid by an owners
licensee authorized under subsection (e) shall be paid by July
1, 2021.
Each owners licensee under subsection (e) of this Section
shall reserve its gaming positions within 30 days after June
28, 2019 (the effective date of Public Act 101-31). The
Division Board may grant an extension to this 30-day period,
provided that the owners licensee submits a written request
and explanation as to why it is unable to reserve its positions
within the 30-day period.
Each owners licensee under subsection (e-5) of this
Section shall reserve its gaming positions within 30 days
after issuance of its owners license. The Division Board may

SB2254 - 338 - LRB102 15486 SMS 20849 b
grant an extension to this 30-day period, provided that the
owners licensee submits a written request and explanation as
to why it is unable to reserve its positions within the 30-day
period.
A licensee may operate both of its riverboats
concurrently, provided that the total number of gaming
positions on both riverboats does not exceed the limit
established pursuant to this subsection. Riverboats licensed
to operate on the Mississippi River and the Illinois River
south of Marshall County shall have an authorized capacity of
at least 500 persons. Any other riverboat licensed under this
Act shall have an authorized capacity of at least 400 persons.
(h-5) An owners licensee who conducted gambling operations
prior to January 1, 2012 and obtains positions pursuant to
Public Act 101-31 shall make a reconciliation payment 3 years
after any additional gaming positions begin operating in an
amount equal to 75% of the owners licensee's average gross
receipts for the most lucrative 12-month period of operations
minus an amount equal to the initial fee that the owners
licensee paid per additional gaming position. For purposes of
this subsection (h-5), "average gross receipts" means (i) the
increase in adjusted gross receipts for the most lucrative
12-month period of operations over the adjusted gross receipts
for 2019, multiplied by (ii) the percentage derived by
dividing the number of additional gaming positions that an
owners licensee had obtained by the total number of gaming

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positions operated by the owners licensee. If this calculation
results in a negative amount, then the owners licensee is not
entitled to any reimbursement of fees previously paid. This
reconciliation payment may be made in installments over a
period of no more than 6 years. These reconciliation payments
shall be deposited into the Rebuild Illinois Projects Fund.
(i) A licensed owner is authorized to apply to the
Division Board for and, if approved therefor, to receive all
licenses from the Division Board necessary for the operation
of a riverboat or casino, including a liquor license, a
license to prepare and serve food for human consumption, and
other necessary licenses. All use, occupation, and excise
taxes which apply to the sale of food and beverages in this
State and all taxes imposed on the sale or use of tangible
personal property apply to such sales aboard the riverboat or
in the casino.
(j) The Division Board may issue or re-issue a license
authorizing a riverboat to dock in a municipality or approve a
relocation under Section 11.2 only if, prior to the issuance
or re-issuance of the license or approval, the governing body
of the municipality in which the riverboat will dock has by a
majority vote approved the docking of riverboats in the
municipality. The Division Board may issue or re-issue a
license authorizing a riverboat to dock in areas of a county
outside any municipality or approve a relocation under Section
11.2 only if, prior to the issuance or re-issuance of the

SB2254 - 340 - LRB102 15486 SMS 20849 b
license or approval, the governing body of the county has by a
majority vote approved of the docking of riverboats within
such areas.
(k) An owners licensee may conduct land-based gambling
operations upon approval by the Division Board and payment of
a fee of $250,000, which shall be deposited into the State
Gaming Fund.
(l) An owners licensee may conduct gaming at a temporary
facility pending the construction of a permanent facility or
the remodeling or relocation of an existing facility to
accommodate gaming participants for up to 24 months after the
temporary facility begins to conduct gaming. Upon request by
an owners licensee and upon a showing of good cause by the
owners licensee, the Division Board shall extend the period
during which the licensee may conduct gaming at a temporary
facility by up to 12 months. The Division Board shall make
rules concerning the conduct of gaming from temporary
facilities.
(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
(230 ILCS 10/7.1)
Sec. 7.1. Re-issuance of revoked or non-renewed owners
licenses.
(a) If an owners license terminates or expires without
renewal or the Division Board revokes or determines not to

SB2254 - 341 - LRB102 15486 SMS 20849 b
renew an owners license (including, without limitation, an
owners license for a licensee that was not conducting
riverboat gambling operations on January 1, 1998) and that
revocation or determination is final, the Division Board may
re-issue such license to a qualified applicant pursuant to an
open and competitive bidding process, as set forth in Section
7.5, and subject to the maximum number of authorized licenses
set forth in Section 7(e).
(b) To be a qualified applicant, a person, firm, or
corporation cannot be ineligible to receive an owners license
under Section 7(a) and must submit an application for an
owners license that complies with Section 6. Each such
applicant must also submit evidence to the Division Board that
minority persons and women hold ownership interests in the
applicant of at least 16% and 4% respectively.
(c) Notwithstanding anything to the contrary in Section
7(e), an applicant may apply to the Division Board for
approval of relocation of a re-issued license to a new home
dock location authorized under Section 3(c) upon receipt of
the approval from the municipality or county, as the case may
be, pursuant to Section 7(j).
(d) In determining whether to grant a re-issued owners
license to an applicant, the Division Board shall consider all
of the factors set forth in Sections 7(b) and (e) as well as
the amount of the applicant's license bid. The Division Board
may grant the re-issued owners license to an applicant that

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has not submitted the highest license bid, but if it does not
select the highest bidder, the Division Board shall issue a
written decision explaining why another applicant was selected
and identifying the factors set forth in Sections 7(b) and (e)
that favored the winning bidder.
(e) Re-issued owners licenses shall be subject to annual
license fees as provided for in Section 7(a) and shall be
governed by the provisions of Sections 7(f), (g), (h), and
(i).
(Source: P.A. 100-391, eff. 8-25-17.)
(230 ILCS 10/7.3)
Sec. 7.3. State conduct of gambling operations.
(a) If, after reviewing each application for a re-issued
license, the Division Board determines that the highest
prospective total revenue to the State would be derived from
State conduct of the gambling operation in lieu of re-issuing
the license, the Division Board shall inform each applicant of
its decision. The Division Board shall thereafter have the
authority, without obtaining an owners license, to conduct
casino or riverboat gambling operations as previously
authorized by the terminated, expired, revoked, or nonrenewed
license through a licensed manager selected pursuant to an
open and competitive bidding process as set forth in Section
7.5 and as provided in Section 7.4.
(b) The Division Board may locate any casino or riverboat

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on which a gambling operation is conducted by the State in any
home dock or other location authorized by Section 3(c) upon
receipt of approval from a majority vote of the governing body
of the municipality or county, as the case may be, in which the
riverboat will dock.
(c) The Division Board shall have jurisdiction over and
shall supervise all gambling operations conducted by the State
provided for in this Act and shall have all powers necessary
and proper to fully and effectively execute the provisions of
this Act relating to gambling operations conducted by the
State.
(d) The maximum number of owners licenses authorized under
Section 7 shall be reduced by one for each instance in which
the Division Board authorizes the State to conduct a casino or
riverboat gambling operation under subsection (a) in lieu of
re-issuing a license to an applicant under Section 7.1.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7.4)
Sec. 7.4. Managers licenses.
(a) A qualified person may apply to the Division Board for
a managers license to operate and manage any gambling
operation conducted by the State. The application shall be
made on forms provided by the Division Board and shall contain
such information as the Division Board prescribes, including
but not limited to information required in Sections 6(a), (b),

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and (c) and information relating to the applicant's proposed
price to manage State gambling operations and to provide the
riverboat, gambling equipment, and supplies necessary to
conduct State gambling operations.
(b) Each applicant must submit evidence to the Division
Board that minority persons and women hold ownership interests
in the applicant of at least 16% and 4%, respectively.
(c) A person, firm, or corporation is ineligible to
receive a managers license if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012, or substantially similar laws of any other
jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) (blank) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) is an
officer, director, or managerial employee of the firm or
corporation;
(6) the firm or corporation employs a person defined
in (1), (2), (3), or (4) who participates in the
management or operation of gambling operations authorized
under this Act; or

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(7) a license of the person, firm, or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(d) Each applicant shall submit with his or her
application, on forms prescribed by the Division Board, 2 sets
of his or her fingerprints.
(e) The Division Board shall charge each applicant a fee,
set by the Division Board, to defray the costs associated with
the background investigation conducted by the Division Board.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) The managers license shall be for a term not to exceed
10 years, shall be renewable at the Division's Board's option,
and shall contain such terms and provisions as the Division
Board deems necessary to protect or enhance the credibility
and integrity of State gambling operations, achieve the
highest prospective total revenue to the State, and otherwise
serve the interests of the citizens of Illinois.
(h) Issuance of a managers license shall be subject to an
open and competitive bidding process. The Division Board may
select an applicant other than the lowest bidder by price. If
it does not select the lowest bidder, the Division Board shall
issue a notice of who the lowest bidder was and a written
decision as to why another bidder was selected.
(Source: P.A. 100-391, eff. 8-25-17.)

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(230 ILCS 10/7.5)
Sec. 7.5. Competitive bidding. When the Division Board
determines that (i) it will re-issue an owners license
pursuant to an open and competitive bidding process, as set
forth in Section 7.1, (ii) it will issue a managers license
pursuant to an open and competitive bidding process, as set
forth in Section 7.4, or (iii) it will issue an owners license
pursuant to an open and competitive bidding process, as set
forth in Section 7.12, the open and competitive bidding
process shall adhere to the following procedures:
(1) The Division Board shall make applications for
owners and managers licenses available to the public and
allow a reasonable time for applicants to submit
applications to the Division Board.
(2) During the filing period for owners or managers
license applications, the Division Board may retain the
services of an investment banking firm to assist the
Division Board in conducting the open and competitive
bidding process.
(3) After receiving all of the bid proposals, the
Division Board shall open all of the proposals in a public
forum and disclose the prospective owners or managers
names, venture partners, if any, and, in the case of
applicants for owners licenses, the locations of the
proposed development sites.

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(4) The Division Board shall summarize the terms of
the proposals and may make this summary available to the
public.
(5) The Division Board shall evaluate the proposals
within a reasonable time and select no more than 3 final
applicants to make presentations of their proposals to the
Division Board.
(6) The final applicants shall make their
presentations to the Division Board on the same day during
an open session of the Division Board.
(7) As soon as practicable after the public
presentations by the final applicants, the Division Board,
in its discretion, may conduct further negotiations among
the 3 final applicants. During such negotiations, each
final applicant may increase its license bid or otherwise
enhance its bid proposal. At the conclusion of such
negotiations, the Division Board shall select the winning
proposal. In the case of negotiations for an owners
license, the Division Board may, at the conclusion of such
negotiations, make the determination allowed under Section
7.3(a).
(8) Upon selection of a winning bid, the Division
Board shall evaluate the winning bid within a reasonable
period of time for licensee suitability in accordance with
all applicable statutory and regulatory criteria.
(9) If the winning bidder is unable or otherwise fails

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to consummate the transaction, (including if the Division
Board determines that the winning bidder does not satisfy
the suitability requirements), the Division Board may, on
the same criteria, select from the remaining bidders or
make the determination allowed under Section 7.3(a).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7.6)
Sec. 7.6. Business enterprise program.
(a) For the purposes of this Section, the terms
"minority", "minority-owned business", "woman", "women-owned
business", "person with a disability", and "business owned by
a person with a disability" have the meanings ascribed to them
in the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act.
(b) The Division Board shall, by rule, establish goals for
the award of contracts by each owners licensee to businesses
owned by minorities, women, and persons with disabilities,
expressed as percentages of an owners licensee's total dollar
amount of contracts awarded during each calendar year. Each
owners licensee must make every effort to meet the goals
established by the Division Board pursuant to this Section.
When setting the goals for the award of contracts, the
Division Board shall not include contracts where: (1) any
purchasing mandates would be dependent upon the availability
of minority-owned businesses, women-owned businesses, and

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businesses owned by persons with disabilities ready, willing,
and able with capacity to provide quality goods and services
to a gaming operation at reasonable prices; (2) there are no or
a limited number of licensed suppliers as defined by this Act
for the goods or services provided to the licensee; (3) the
licensee or its parent company owns a company that provides
the goods or services; or (4) the goods or services are
provided to the licensee by a publicly traded company.
(c) Each owners licensee shall file with the Division
Board an annual report of its utilization of minority-owned
businesses, women-owned businesses, and businesses owned by
persons with disabilities during the preceding calendar year.
The reports shall include a self-evaluation of the efforts of
the owners licensee to meet its goals under this Section.
(c-5) The Division Board shall, by rule, establish goals
for the award of contracts by each owners licensee to
businesses owned by veterans of service in the armed forces of
the United States, expressed as percentages of an owners
licensee's total dollar amount of contracts awarded during
each calendar year. When setting the goals for the award of
contracts, the Division Board shall not include contracts
where: (1) any purchasing mandates would be dependent upon the
availability of veteran-owned businesses ready, willing, and
able with capacity to provide quality goods and services to a
gaming operation at reasonable prices; (2) there are no or a
limited number of licensed suppliers as defined in this Act

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for the goods or services provided to the licensee; (3) the
licensee or its parent company owns a company that provides
the goods or services; or (4) the goods or services are
provided to the licensee by a publicly traded company.
Each owners licensee shall file with the Division Board an
annual report of its utilization of veteran-owned businesses
during the preceding calendar year. The reports shall include
a self-evaluation of the efforts of the owners licensee to
meet its goals under this Section.
(d) The owners licensee shall have the right to request a
waiver from the requirements of this Section. The Division
Board shall grant the waiver where the owners licensee
demonstrates that there has been made a good faith effort to
comply with the goals for participation by minority-owned
businesses, women-owned businesses, businesses owned by
persons with disabilities, and veteran-owned businesses.
(e) If the Division Board determines that its goals and
policies are not being met by any owners licensee, then the
Division Board may:
(1) adopt remedies for such violations; and
(2) recommend that the owners licensee provide
additional opportunities for participation by
minority-owned businesses, women-owned businesses,
businesses owned by persons with disabilities, and
veteran-owned businesses; such recommendations may
include, but shall not be limited to:

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(A) assurances of stronger and better focused
solicitation efforts to obtain more minority-owned
businesses, women-owned businesses, businesses owned
by persons with disabilities, and veteran-owned
businesses as potential sources of supply;
(B) division of job or project requirements, when
economically feasible, into tasks or quantities to
permit participation of minority-owned businesses,
women-owned businesses, businesses owned by persons
with disabilities, and veteran-owned businesses;
(C) elimination of extended experience or
capitalization requirements, when programmatically
feasible, to permit participation of minority-owned
businesses, women-owned businesses, businesses owned
by persons with disabilities, and veteran-owned
businesses;
(D) identification of specific proposed contracts
as particularly attractive or appropriate for
participation by minority-owned businesses,
women-owned businesses, businesses owned by persons
with disabilities, and veteran-owned businesses, such
identification to result from and be coupled with the
efforts of items (A) through (C); and
(E) implementation of regulations established for
the use of the sheltered market process.
(f) The Division Board shall file, no later than March 1 of

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each year, an annual report that shall detail the level of
achievement toward the goals specified in this Section over
the 3 most recent fiscal years. The annual report shall
include, but need not be limited to:
(1) a summary detailing expenditures subject to the
goals, the actual goals specified, and the goals attained
by each owners licensee; and
(2) an analysis of the level of overall goal
achievement concerning purchases from minority-owned
businesses, women-owned businesses, businesses owned by
persons with disabilities, and veteran-owned businesses.
(Source: P.A. 99-78, eff. 7-20-15; 100-391, eff. 8-25-17;
100-1152, eff. 12-14-18.)
(230 ILCS 10/7.7)
Sec. 7.7. Organization gaming licenses.
(a) The Division Illinois Gaming Board shall award one
organization gaming license to each person or entity having
operating control of a racetrack that applies under Section 56
of the Illinois Horse Racing Act of 1975, subject to the
application and eligibility requirements of this Section.
Within 60 days after the effective date of this amendatory Act
of the 101st General Assembly, a person or entity having
operating control of a racetrack may submit an application for
an organization gaming license. The application shall be made
on such forms as provided by the Division Board and shall

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contain such information as the Division Board prescribes,
including, but not limited to, the identity of any racetrack
at which gaming will be conducted pursuant to an organization
gaming license, detailed information regarding the ownership
and management of the applicant, and detailed personal
information regarding the applicant. The application shall
specify the number of gaming positions the applicant intends
to use and the place where the organization gaming facility
will operate. A person who knowingly makes a false statement
on an application is guilty of a Class A misdemeanor.
Each applicant shall disclose the identity of every person
or entity having a direct or indirect pecuniary interest
greater than 1% in any racetrack with respect to which the
license is sought. If the disclosed entity is a corporation,
the applicant shall disclose the names and addresses of all
officers, stockholders, and directors. If the disclosed entity
is a limited liability company, the applicant shall disclose
the names and addresses of all members and managers. If the
disclosed entity is a partnership, the applicant shall
disclose the names and addresses of all partners, both general
and limited. If the disclosed entity is a trust, the applicant
shall disclose the names and addresses of all beneficiaries.
An application shall be filed and considered in accordance
with the rules of the Division Board. Each application for an
organization gaming license shall include a nonrefundable
application fee of $250,000. In addition, a nonrefundable fee

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of $50,000 shall be paid at the time of filing to defray the
costs associated with background investigations conducted by
the Division Board. If the costs of the background
investigation exceed $50,000, the applicant shall pay the
additional amount to the Division Board within 7 days after a
request by the Division Board. If the costs of the
investigation are less than $50,000, the applicant shall
receive a refund of the remaining amount. All information,
records, interviews, reports, statements, memoranda, or other
data supplied to or used by the Division Board in the course of
this review or investigation of an applicant for an
organization gaming license under this Act shall be privileged
and strictly confidential and shall be used only for the
purpose of evaluating an applicant for an organization gaming
license or a renewal. Such information, records, interviews,
reports, statements, memoranda, or other data shall not be
admissible as evidence nor discoverable in any action of any
kind in any court or before any tribunal, board, agency or
person, except for any action deemed necessary by the Division
Board. The application fee shall be deposited into the State
Gaming Fund.
Any applicant or key person, including the applicant's
owners, officers, directors (if a corporation), managers and
members (if a limited liability company), and partners (if a
partnership), for an organization gaming license shall have
his or her fingerprints submitted to the Department of State

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Police in an electronic format that complies with the form and
manner for requesting and furnishing criminal history record
information as prescribed by the Department of State Police.
These fingerprints shall be checked against the Department of
State Police and Federal Bureau of Investigation criminal
history record databases now and hereafter filed, including,
but not limited to, civil, criminal, and latent fingerprint
databases. The Department of State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Department of State Police shall furnish, pursuant to
positive identification, records of Illinois criminal history
to the Department.
(b) The Division Board shall determine within 120 days
after receiving an application for an organization gaming
license whether to grant an organization gaming license to the
applicant. If the Division Board does not make a determination
within that time period, then the Division Board shall give a
written explanation to the applicant as to why it has not
reached a determination and when it reasonably expects to make
a determination.
The organization gaming licensee shall purchase up to the
amount of gaming positions authorized under this Act within
120 days after receiving its organization gaming license. If
an organization gaming licensee is prepared to purchase the

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gaming positions, but is temporarily prohibited from doing so
by order of a court of competent jurisdiction or the Division
Board, then the 120-day period is tolled until a resolution is
reached.
An organization gaming license shall authorize its holder
to conduct gaming under this Act at its racetracks on the same
days of the year and hours of the day that owners licenses are
allowed to operate under approval of the Division Board.
An organization gaming license and any renewal of an
organization gaming license shall authorize gaming pursuant to
this Section for a period of 4 years. The fee for the issuance
or renewal of an organization gaming license shall be
$250,000.
All payments by licensees under this subsection (b) shall
be deposited into the Rebuild Illinois Projects Fund.
(c) To be eligible to conduct gaming under this Section, a
person or entity having operating control of a racetrack must
(i) obtain an organization gaming license, (ii) hold an
organization license under the Illinois Horse Racing Act of
1975, (iii) hold an inter-track wagering license, (iv) pay an
initial fee of $30,000 per gaming position from organization
gaming licensees where gaming is conducted in Cook County and,
except as provided in subsection (c-5), $17,500 for
organization gaming licensees where gaming is conducted
outside of Cook County before beginning to conduct gaming plus
make the reconciliation payment required under subsection (k),

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(v) conduct live racing in accordance with subsections (e-1),
(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
of 1975, (vi) meet the requirements of subsection (a) of
Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
organization licensees conducting standardbred race meetings,
keep backstretch barns and dormitories open and operational
year-round unless a lesser schedule is mutually agreed to by
the organization licensee and the horsemen association racing
at that organization licensee's race meeting, (viii) for
organization licensees conducting thoroughbred race meetings,
the organization licensee must maintain accident medical
expense liability insurance coverage of $1,000,000 for
jockeys, and (ix) meet all other requirements of this Act that
apply to owners licensees.
An organization gaming licensee may enter into a joint
venture with a licensed owner to own, manage, conduct, or
otherwise operate the organization gaming licensee's
organization gaming facilities, unless the organization gaming
licensee has a parent company or other affiliated company that
is, directly or indirectly, wholly owned by a parent company
that is also licensed to conduct organization gaming, casino
gaming, or their equivalent in another state.
All payments by licensees under this subsection (c) shall
be deposited into the Rebuild Illinois Projects Fund.
(c-5) A person or entity having operating control of a
racetrack located in Madison County shall only pay the initial

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fees specified in subsection (c) for 540 of the gaming
positions authorized under the license.
(d) A person or entity is ineligible to receive an
organization gaming license if:
(1) the person or entity has been convicted of a
felony under the laws of this State, any other state, or
the United States, including a conviction under the
Racketeer Influenced and Corrupt Organizations Act;
(2) the person or entity has been convicted of any
violation of Article 28 of the Criminal Code of 2012, or
substantially similar laws of any other jurisdiction;
(3) the person or entity has submitted an application
for a license under this Act that contains false
information;
(4) (blank) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) of this
subsection (d) is an officer, director, or managerial
employee of the entity;
(6) the person or entity employs a person defined in
(1), (2), (3), or (4) of this subsection (d) who
participates in the management or operation of gambling
operations authorized under this Act; or
(7) a license of the person or entity issued under
this Act or a license to own or operate gambling
facilities in any other jurisdiction has been revoked.
(e) The Division Board may approve gaming positions

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pursuant to an organization gaming license statewide as
provided in this Section. The authority to operate gaming
positions under this Section shall be allocated as follows: up
to 1,200 gaming positions for any organization gaming licensee
in Cook County and up to 900 gaming positions for any
organization gaming licensee outside of Cook County.
(f) Each applicant for an organization gaming license
shall specify in its application for licensure the number of
gaming positions it will operate, up to the applicable
limitation set forth in subsection (e) of this Section. Any
unreserved gaming positions that are not specified shall be
forfeited and retained by the Division Board. For the purposes
of this subsection (f), an organization gaming licensee that
did not conduct live racing in 2010 and is located within 3
miles of the Mississippi River may reserve up to 900 positions
and shall not be penalized under this Section for not
operating those positions until it meets the requirements of
subsection (e) of this Section, but such licensee shall not
request unreserved gaming positions under this subsection (f)
until its 900 positions are all operational.
Thereafter, the Division Board shall publish the number of
unreserved gaming positions and shall accept requests for
additional positions from any organization gaming licensee
that initially reserved all of the positions that were
offered. The Division Board shall allocate expeditiously the
unreserved gaming positions to requesting organization gaming

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licensees in a manner that maximizes revenue to the State. The
Division Board may allocate any such unused gaming positions
pursuant to an open and competitive bidding process, as
provided under Section 7.5 of this Act. This process shall
continue until all unreserved gaming positions have been
purchased. All positions obtained pursuant to this process and
all positions the organization gaming licensee specified it
would operate in its application must be in operation within
18 months after they were obtained or the organization gaming
licensee forfeits the right to operate those positions, but is
not entitled to a refund of any fees paid. The Division Board
may, after holding a public hearing, grant extensions so long
as the organization gaming licensee is working in good faith
to make the positions operational. The extension may be for a
period of 6 months. If, after the period of the extension, the
organization gaming licensee has not made the positions
operational, then another public hearing must be held by the
Division Board before it may grant another extension.
Unreserved gaming positions retained from and allocated to
organization gaming licensees by the Division Board pursuant
to this subsection (f) shall not be allocated to owners
licensees under this Act.
For the purpose of this subsection (f), the unreserved
gaming positions for each organization gaming licensee shall
be the applicable limitation set forth in subsection (e) of
this Section, less the number of reserved gaming positions by

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such organization gaming licensee, and the total unreserved
gaming positions shall be the aggregate of the unreserved
gaming positions for all organization gaming licensees.
(g) An organization gaming licensee is authorized to
conduct the following at a racetrack:
(1) slot machine gambling;
(2) video game of chance gambling;
(3) gambling with electronic gambling games as defined
in this Act or defined by the Division Illinois Gaming
Board; and
(4) table games.
(h) Subject to the approval of the Division Illinois
Gaming Board, an organization gaming licensee may make
modification or additions to any existing buildings and
structures to comply with the requirements of this Act. The
Division Illinois Gaming Board shall make its decision after
consulting with the Division of Horse Racing Illinois Racing
Board. In no case, however, shall the Division Illinois Gaming
Board approve any modification or addition that alters the
grounds of the organization licensee such that the act of live
racing is an ancillary activity to gaming authorized under
this Section. Gaming authorized under this Section may take
place in existing structures where inter-track wagering is
conducted at the racetrack or a facility within 300 yards of
the racetrack in accordance with the provisions of this Act
and the Illinois Horse Racing Act of 1975.

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(i) An organization gaming licensee may conduct gaming at
a temporary facility pending the construction of a permanent
facility or the remodeling or relocation of an existing
facility to accommodate gaming participants for up to 24
months after the temporary facility begins to conduct gaming
authorized under this Section. Upon request by an organization
gaming licensee and upon a showing of good cause by the
organization gaming licensee, the Division Board shall extend
the period during which the licensee may conduct gaming
authorized under this Section at a temporary facility by up to
12 months. The Division Board shall make rules concerning the
conduct of gaming authorized under this Section from temporary
facilities.
The gaming authorized under this Section may take place in
existing structures where inter-track wagering is conducted at
the racetrack or a facility within 300 yards of the racetrack
in accordance with the provisions of this Act and the Illinois
Horse Racing Act of 1975.
(i-5) Under no circumstances shall an organization gaming
licensee conduct gaming at any State or county fair.
(j) The Division Illinois Gaming Board must adopt
emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act as necessary to ensure
compliance with the provisions of this amendatory Act of the
101st General Assembly concerning the conduct of gaming by an
organization gaming licensee. The adoption of emergency rules

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authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) Each organization gaming licensee who obtains gaming
positions must make a reconciliation payment 3 years after the
date the organization gaming licensee begins operating the
positions in an amount equal to 75% of the difference between
its adjusted gross receipts from gaming authorized under this
Section and amounts paid to its purse accounts pursuant to
item (1) of subsection (b) of Section 56 of the Illinois Horse
Racing Act of 1975 for the 12-month period for which such
difference was the largest, minus an amount equal to the
initial per position fee paid by the organization gaming
licensee. If this calculation results in a negative amount,
then the organization gaming licensee is not entitled to any
reimbursement of fees previously paid. This reconciliation
payment may be made in installments over a period of no more
than 6 years.
All payments by licensees under this subsection (k) shall
be deposited into the Rebuild Illinois Projects Fund.
(l) As soon as practical after a request is made by the
Division Illinois Gaming Board, to minimize duplicate
submissions by the applicant, the Division of Horse Racing
Illinois Racing Board must provide information on an applicant
for an organization gaming license to the Division Illinois
Gaming Board.
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;

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101-648, eff. 6-30-20.)
(230 ILCS 10/7.10)
Sec. 7.10. Diversity program.
(a) Each owners licensee, organization gaming licensee,
and suppliers licensee shall establish and maintain a
diversity program to ensure non-discrimination in the award
and administration of contracts. The programs shall establish
goals of awarding not less than 25% of the annual dollar value
of all contracts, purchase orders, or other agreements to
minority-owned businesses and 5% of the annual dollar value of
all contracts to women-owned businesses.
(b) Each owners licensee, organization gaming licensee,
and suppliers licensee shall establish and maintain a
diversity program designed to promote equal opportunity for
employment. The program shall establish hiring goals as the
Division Board and each licensee determines appropriate. The
Division Board shall monitor the progress of the gaming
licensee's progress with respect to the program's goals.
(c) No later than May 31 of each year, each licensee shall
report to the Division Board (1) the number of respective
employees and the number of its respective employees who have
designated themselves as members of a minority group and
gender and (2) the total goals achieved under subsection (a)
of this Section as a percentage of the total contracts awarded
by the license. In addition, all licensees shall submit a

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report with respect to the minority-owned and women-owned
businesses program created in this Section to the Division
Board.
(d) When considering whether to re-issue or renew a
license to an owners licensee, organization gaming licensee,
or suppliers licensee, the Division Board shall take into
account the licensee's success in complying with the
provisions of this Section. If an owners licensee,
organization gaming licensee, or suppliers licensee has not
satisfied the goals contained in this Section, the Division
Board shall require a written explanation as to why the
licensee is not in compliance and shall require the licensee
to file multi-year metrics designed to achieve compliance with
the provisions by the next renewal period, consistent with
State and federal law.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7.11)
Sec. 7.11. Annual report on diversity.
(a) Each licensee that receives a license under Sections
7, 7.1, and 7.7 shall execute and file a report with the
Division Board no later than December 31 of each year that
shall contain, but not be limited to, the following
information:
(i) a good faith affirmative action plan to recruit,
train, and upgrade minority persons, women, and persons

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with a disability in all employment classifications;
(ii) the total dollar amount of contracts that were
awarded to businesses owned by minority persons, women,
and persons with a disability;
(iii) the total number of businesses owned by minority
persons, women, and persons with a disability that were
utilized by the licensee;
(iv) the utilization of businesses owned by minority
persons, women, and persons with disabilities during the
preceding year; and
(v) the outreach efforts used by the licensee to
attract investors and businesses consisting of minority
persons, women, and persons with a disability.
(b) The Division Board shall forward a copy of each
licensee's annual reports to the General Assembly no later
than February 1 of each year. The reports to the General
Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7.12)
Sec. 7.12. Issuance of new owners licenses.
(a) Owners licenses newly authorized pursuant to this
amendatory Act of the 101st General Assembly may be issued by

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the Division Board to a qualified applicant pursuant to an
open and competitive bidding process, as set forth in Section
7.5, and subject to the maximum number of authorized licenses
set forth in subsection (e-5) of Section 7 of this Act.
(b) To be a qualified applicant, a person or entity may not
be ineligible to receive an owners license under subsection
(a) of Section 7 of this Act and must submit an application for
an owners license that complies with Section 6 of this Act.
(c) In determining whether to grant an owners license to
an applicant, the Division Board shall consider all of the
factors set forth in subsections (b) and (e-10) of Section 7 of
this Act, as well as the amount of the applicant's license bid.
The Division Board may grant the owners license to an
applicant that has not submitted the highest license bid, but
if it does not select the highest bidder, the Division Board
shall issue a written decision explaining why another
applicant was selected and identifying the factors set forth
in subsections (b) and (e-10) of Section 7 of this Act that
favored the winning bidder.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/8) (from Ch. 120, par. 2408)
Sec. 8. Suppliers licenses.
(a) The Division Board may issue a suppliers license to
such persons, firms or corporations which apply therefor upon
the payment of a non-refundable application fee set by the

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Division Board, upon a determination by the Division Board
that the applicant is eligible for a suppliers license and
upon payment of a $5,000 annual license fee.
(b) The holder of a suppliers license is authorized to
sell or lease, and to contract to sell or lease, gambling
equipment and supplies to any licensee involved in the
ownership or management of gambling operations.
(c) Gambling supplies and equipment may not be distributed
unless supplies and equipment conform to standards adopted by
rules of the Division Board.
(d) A person, firm or corporation is ineligible to receive
a suppliers license if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012, or substantially similar laws of any other
jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) (blank) the person is a member of the Board;
(5) the entity is one in which a person defined in (1),
(2), (3) or (4), is an officer, director or managerial
employee;
(6) the firm or corporation employs a person who

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participates in the management or operation of gambling
authorized under this Act;
(7) the license of the person, firm or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(e) Any person that supplies any equipment, devices, or
supplies to a licensed gambling operation must first obtain a
suppliers license. A supplier shall furnish to the Division
Board a list of all equipment, devices and supplies offered
for sale or lease in connection with gambling games authorized
under this Act. A supplier shall keep books and records for the
furnishing of equipment, devices and supplies to gambling
operations separate and distinct from any other business that
the supplier might operate. A supplier shall file a quarterly
return with the Division Board listing all sales and leases. A
supplier shall permanently affix its name or a distinctive
logo or other mark or design element identifying the
manufacturer or supplier to all its equipment, devices, and
supplies, except gaming chips without a value impressed,
engraved, or imprinted on it, for gambling operations. The
Division Board may waive this requirement for any specific
product or products if it determines that the requirement is
not necessary to protect the integrity of the game. Items
purchased from a licensed supplier may continue to be used
even though the supplier subsequently changes its name,

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distinctive logo, or other mark or design element; undergoes a
change in ownership; or ceases to be licensed as a supplier for
any reason. Any supplier's equipment, devices or supplies
which are used by any person in an unauthorized gambling
operation shall be forfeited to the State. A holder of an
owners license or an organization gaming license may own its
own equipment, devices and supplies. Each holder of an owners
license or an organization gaming license under the Act shall
file an annual report listing its inventories of gambling
equipment, devices and supplies.
(f) Any person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any gambling equipment, devices and supplies provided
by any licensed supplier may either be repaired on the
riverboat, in the casino, or at the organization gaming
facility or removed from the riverboat, casino, or
organization gaming facility to a facility owned by the holder
of an owners license, organization gaming license, or
suppliers license for repair.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/9) (from Ch. 120, par. 2409)
Sec. 9. Occupational licenses.
(a) The Division Board may issue an occupational license
to an applicant upon the payment of a non-refundable fee set by
the Division Board, upon a determination by the Division Board

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that the applicant is eligible for an occupational license and
upon payment of an annual license fee in an amount to be
established. To be eligible for an occupational license, an
applicant must:
(1) be at least 21 years of age if the applicant will
perform any function involved in gaming by patrons. Any
applicant seeking an occupational license for a non-gaming
function shall be at least 18 years of age;
(2) not have been convicted of a felony offense, a
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar statute of any other
jurisdiction;
(2.5) not have been convicted of a crime, other than a
crime described in item (2) of this subsection (a),
involving dishonesty or moral turpitude, except that the
Division Board may, in its discretion, issue an
occupational license to a person who has been convicted of
a crime described in this item (2.5) more than 10 years
prior to his or her application and has not subsequently
been convicted of any other crime;
(3) have demonstrated a level of skill or knowledge
which the Division Board determines to be necessary in
order to operate gambling aboard a riverboat, in a casino,
or at an organization gaming facility; and
(4) have met standards for the holding of an
occupational license as adopted by rules of the Division

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Board. Such rules shall provide that any person or entity
seeking an occupational license to manage gambling
operations under this Act shall be subject to background
inquiries and further requirements similar to those
required of applicants for an owners license. Furthermore,
such rules shall provide that each such entity shall be
permitted to manage gambling operations for only one
licensed owner.
(b) Each application for an occupational license shall be
on forms prescribed by the Division Board and shall contain
all information required by the Division Board. The applicant
shall set forth in the application: whether he has been issued
prior gambling related licenses; whether he has been licensed
in any other state under any other name, and, if so, such name
and his age; and whether or not a permit or license issued to
him in any other state has been suspended, restricted or
revoked, and, if so, for what period of time.
(c) Each applicant shall submit with his application, on
forms provided by the Division Board, 2 sets of his
fingerprints. The Division Board shall charge each applicant a
fee set by the Department of State Police to defray the costs
associated with the search and classification of fingerprints
obtained by the Division Board with respect to the applicant's
application. These fees shall be paid into the State Police
Services Fund.
(d) The Division Board may in its discretion refuse an

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occupational license to any person: (1) who is unqualified to
perform the duties required of such applicant; (2) who fails
to disclose or states falsely any information called for in
the application; (3) who has been found guilty of a violation
of this Act or whose prior gambling related license or
application therefor has been suspended, restricted, revoked
or denied for just cause in any other state; or (4) for any
other just cause.
(e) The Division Board may suspend, revoke or restrict any
occupational licensee: (1) for violation of any provision of
this Act; (2) for violation of any of the rules and regulations
of the Division Board; (3) for any cause which, if known to the
Division Board, would have disqualified the applicant from
receiving such license; or (4) for default in the payment of
any obligation or debt due to the State of Illinois; or (5) for
any other just cause.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any license issued pursuant to this Section shall be
valid for a period of one year from the date of issuance.
(h) Nothing in this Act shall be interpreted to prohibit a
licensed owner or organization gaming licensee from entering
into an agreement with a public community college or a school
approved under the Private Business and Vocational Schools Act
of 2012 for the training of any occupational licensee. Any
training offered by such a school shall be in accordance with a

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written agreement between the licensed owner or organization
gaming licensee and the school.
(i) Any training provided for occupational licensees may
be conducted either at the site of the gambling facility or at
a school with which a licensed owner or organization gaming
licensee has entered into an agreement pursuant to subsection
(h).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/10) (from Ch. 120, par. 2410)
Sec. 10. Bond of licensee. Before an owners license is
issued or re-issued or a managers license is issued, the
licensee shall post a bond in the sum of $200,000 to the State
of Illinois. The bond shall be used to guarantee that the
licensee faithfully makes the payments, keeps his books and
records and makes reports, and conducts his games of chance in
conformity with this Act and the rules adopted by the Division
Board. The bond shall not be canceled by a surety on less than
30 days notice in writing to the Division Board. If a bond is
canceled and the licensee fails to file a new bond with the
Division Board in the required amount on or before the
effective date of cancellation, the licensee's license shall
be revoked. The total and aggregate liability of the surety on
the bond is limited to the amount specified in the bond.
(Source: P.A. 93-28, eff. 6-20-03.)

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(230 ILCS 10/11) (from Ch. 120, par. 2411)
Sec. 11. Conduct of gambling. Gambling may be conducted by
licensed owners or licensed managers on behalf of the State
aboard riverboats. Gambling may be conducted by organization
gaming licensees at organization gaming facilities. Gambling
authorized under this Section is subject to the following
standards:
(1) A licensee may conduct riverboat gambling
authorized under this Act regardless of whether it
conducts excursion cruises. A licensee may permit the
continuous ingress and egress of patrons on a riverboat
not used for excursion cruises for the purpose of
gambling. Excursion cruises shall not exceed 4 hours for a
round trip. However, the Division Board may grant express
approval for an extended cruise on a case-by-case basis.
(1.5) An owners licensee may conduct gambling
operations authorized under this Act 24 hours a day.
(2) (Blank).
(3) Minimum and maximum wagers on games shall be set
by the licensee.
(4) Agents of the Division Board and the Department of
State Police may board and inspect any riverboat, enter
and inspect any portion of a casino, or enter and inspect
any portion of an organization gaming facility at any time
for the purpose of determining whether this Act is being
complied with. Every riverboat, if under way and being

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hailed by a law enforcement officer or agent of the
Division Board, must stop immediately and lay to.
(5) Employees of the Division Board shall have the
right to be present on the riverboat or in the casino or on
adjacent facilities under the control of the licensee and
at the organization gaming facility under the control of
the organization gaming licensee.
(6) Gambling equipment and supplies customarily used
in conducting gambling must be purchased or leased only
from suppliers licensed for such purpose under this Act.
The Division Board may approve the transfer, sale, or
lease of gambling equipment and supplies by a licensed
owner from or to an affiliate of the licensed owner as long
as the gambling equipment and supplies were initially
acquired from a supplier licensed in Illinois.
(7) Persons licensed under this Act shall permit no
form of wagering on gambling games except as permitted by
this Act.
(8) Wagers may be received only from a person present
on a licensed riverboat, in a casino, or at an
organization gaming facility. No person present on a
licensed riverboat, in a casino, or at an organization
gaming facility shall place or attempt to place a wager on
behalf of another person who is not present on the
riverboat, in a casino, or at the organization gaming
facility.

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(9) Wagering, including gaming authorized under
Section 7.7, shall not be conducted with money or other
negotiable currency.
(10) A person under age 21 shall not be permitted on an
area of a riverboat or casino where gambling is being
conducted or at an organization gaming facility where
gambling is being conducted, except for a person at least
18 years of age who is an employee of the riverboat or
casino gambling operation or gaming operation. No employee
under age 21 shall perform any function involved in
gambling by the patrons. No person under age 21 shall be
permitted to make a wager under this Act, and any winnings
that are a result of a wager by a person under age 21,
whether or not paid by a licensee, shall be treated as
winnings for the privilege tax purposes, confiscated, and
forfeited to the State and deposited into the Education
Assistance Fund.
(11) Gambling excursion cruises are permitted only
when the waterway for which the riverboat is licensed is
navigable, as determined by the Division Board in
consultation with the U.S. Army Corps of Engineers. This
paragraph (11) does not limit the ability of a licensee to
conduct gambling authorized under this Act when gambling
excursion cruises are not permitted.
(12) All tickets, chips, or electronic cards used to
make wagers must be purchased (i) from a licensed owner or

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manager, in the case of a riverboat, either aboard a
riverboat or at an onshore facility which has been
approved by the Division Board and which is located where
the riverboat docks, (ii) in the case of a casino, from a
licensed owner at the casino, or (iii) from an
organization gaming licensee at the organization gaming
facility. The tickets, chips, or electronic cards may be
purchased by means of an agreement under which the owner
or manager extends credit to the patron. Such tickets,
chips, or electronic cards may be used while aboard the
riverboat, in the casino, or at the organization gaming
facility only for the purpose of making wagers on gambling
games.
(13) Notwithstanding any other Section of this Act, in
addition to the other licenses authorized under this Act,
the Division Board may issue special event licenses
allowing persons who are not otherwise licensed to conduct
riverboat gambling to conduct such gambling on a specified
date or series of dates. Riverboat gambling under such a
license may take place on a riverboat not normally used
for riverboat gambling. The Division Board shall establish
standards, fees and fines for, and limitations upon, such
licenses, which may differ from the standards, fees, fines
and limitations otherwise applicable under this Act. All
such fees shall be deposited into the State Gaming Fund.
All such fines shall be deposited into the Education

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Assistance Fund, created by Public Act 86-0018, of the
State of Illinois.
(14) In addition to the above, gambling must be
conducted in accordance with all rules adopted by the
Division Board.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/11.2)
Sec. 11.2. Relocation of riverboat home dock.
(a) A licensee that was not conducting riverboat gambling
on January 1, 1998 may apply to the Division Board for renewal
and approval of relocation to a new home dock location
authorized under Section 3(c) and the Division Board shall
grant the application and approval upon receipt by the
licensee of approval from the new municipality or county, as
the case may be, in which the licensee wishes to relocate
pursuant to Section 7(j).
(b) Any licensee that relocates its home dock pursuant to
this Section shall attain a level of at least 20% minority
person and woman ownership, at least 16% and 4% respectively,
within a time period prescribed by the Division Board, but not
to exceed 12 months from the date the licensee begins
conducting gambling at the new home dock location. The
12-month period shall be extended by the amount of time
necessary to conduct a background investigation pursuant to
Section 6. For the purposes of this Section, the terms "woman"

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and "minority person" have the meanings provided in Section 2
of the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act.
(Source: P.A. 100-391, eff. 8-25-17.)
(230 ILCS 10/12) (from Ch. 120, par. 2412)
Sec. 12. Admission tax; fees.
(a) A tax is hereby imposed upon admissions to riverboat
and casino gambling facilities operated by licensed owners
authorized pursuant to this Act. Until July 1, 2002, the rate
is $2 per person admitted. From July 1, 2002 until July 1,
2003, the rate is $3 per person admitted. From July 1, 2003
until August 23, 2005 (the effective date of Public Act
94-673), for a licensee that admitted 1,000,000 persons or
fewer in the previous calendar year, the rate is $3 per person
admitted; for a licensee that admitted more than 1,000,000 but
no more than 2,300,000 persons in the previous calendar year,
the rate is $4 per person admitted; and for a licensee that
admitted more than 2,300,000 persons in the previous calendar
year, the rate is $5 per person admitted. Beginning on August
23, 2005 (the effective date of Public Act 94-673), for a
licensee that admitted 1,000,000 persons or fewer in calendar
year 2004, the rate is $2 per person admitted, and for all
other licensees, including licensees that were not conducting
gambling operations in 2004, the rate is $3 per person
admitted. This admission tax is imposed upon the licensed

SB2254 - 381 - LRB102 15486 SMS 20849 b
owner conducting gambling.
(1) The admission tax shall be paid for each
admission, except that a person who exits a riverboat
gambling facility and reenters that riverboat gambling
facility within the same gaming day shall be subject only
to the initial admission tax.
(2) (Blank).
(3) The riverboat licensee may issue tax-free passes
to actual and necessary officials and employees of the
licensee or other persons actually working on the
riverboat.
(4) The number and issuance of tax-free passes is
subject to the rules of the Division Board, and a list of
all persons to whom the tax-free passes are issued shall
be filed with the Division Board.
(a-5) A fee is hereby imposed upon admissions operated by
licensed managers on behalf of the State pursuant to Section
7.3 at the rates provided in this subsection (a-5). For a
licensee that admitted 1,000,000 persons or fewer in the
previous calendar year, the rate is $3 per person admitted;
for a licensee that admitted more than 1,000,000 but no more
than 2,300,000 persons in the previous calendar year, the rate
is $4 per person admitted; and for a licensee that admitted
more than 2,300,000 persons in the previous calendar year, the
rate is $5 per person admitted.
(1) The admission fee shall be paid for each

SB2254 - 382 - LRB102 15486 SMS 20849 b
admission.
(2) (Blank).
(3) The licensed manager may issue fee-free passes to
actual and necessary officials and employees of the
manager or other persons actually working on the
riverboat.
(4) The number and issuance of fee-free passes is
subject to the rules of the Division Board, and a list of
all persons to whom the fee-free passes are issued shall
be filed with the Division Board.
(b) Except as provided in subsection (b-5), from the tax
imposed under subsection (a) and the fee imposed under
subsection (a-5), a municipality shall receive from the State
$1 for each person embarking on a riverboat docked within the
municipality or entering a casino located within the
municipality, and a county shall receive $1 for each person
entering a casino or embarking on a riverboat docked within
the county but outside the boundaries of any municipality. The
municipality's or county's share shall be collected by the
Division Board on behalf of the State and remitted quarterly
by the State, subject to appropriation, to the treasurer of
the unit of local government for deposit in the general fund.
(b-5) From the tax imposed under subsection (a) and the
fee imposed under subsection (a-5), $1 for each person
embarking on a riverboat designated in paragraph (4) of
subsection (e-5) of Section 7 shall be divided as follows:

SB2254 - 383 - LRB102 15486 SMS 20849 b
$0.70 to the City of Rockford, $0.05 to the City of Loves Park,
$0.05 to the Village of Machesney Park, and $0.20 to Winnebago
County.
The municipality's or county's share shall be collected by
the Division Board on behalf of the State and remitted monthly
by the State, subject to appropriation, to the treasurer of
the unit of local government for deposit in the general fund.
(b-10) From the tax imposed under subsection (a) and the
fee imposed under subsection (a-5), $1 for each person
embarking on a riverboat or entering a casino designated in
paragraph (1) of subsection (e-5) of Section 7 shall be
divided as follows: $0.70 to the City of Chicago, $0.15 to the
Village of Maywood, and $0.15 to the Village of Summit.
The municipality's or county's share shall be collected by
the Division Board on behalf of the State and remitted monthly
by the State, subject to appropriation, to the treasurer of
the unit of local government for deposit in the general fund.
(b-15) From the tax imposed under subsection (a) and the
fee imposed under subsection (a-5), $1 for each person
embarking on a riverboat or entering a casino designated in
paragraph (2) of subsection (e-5) of Section 7 shall be
divided as follows: $0.70 to the City of Danville and $0.30 to
Vermilion County.
The municipality's or county's share shall be collected by
the Division Board on behalf of the State and remitted monthly
by the State, subject to appropriation, to the treasurer of

SB2254 - 384 - LRB102 15486 SMS 20849 b
the unit of local government for deposit in the general fund.
(c) The licensed owner shall pay the entire admission tax
to the Division Board and the licensed manager shall pay the
entire admission fee to the Division Board. Such payments
shall be made daily. Accompanying each payment shall be a
return on forms provided by the Division Board which shall
include other information regarding admissions as the Division
Board may require. Failure to submit either the payment or the
return within the specified time may result in suspension or
revocation of the owners or managers license.
(c-5) A tax is imposed on admissions to organization
gaming facilities at the rate of $3 per person admitted by an
organization gaming licensee. The tax is imposed upon the
organization gaming licensee.
(1) The admission tax shall be paid for each
admission, except that a person who exits an organization
gaming facility and reenters that organization gaming
facility within the same gaming day, as the term "gaming
day" is defined by the Division Board by rule, shall be
subject only to the initial admission tax. The Division
Board shall establish, by rule, a procedure to determine
whether a person admitted to an organization gaming
facility has paid the admission tax.
(2) An organization gaming licensee may issue tax-free
passes to actual and necessary officials and employees of
the licensee and other persons associated with its gaming

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operations.
(3) The number and issuance of tax-free passes is
subject to the rules of the Division Board, and a list of
all persons to whom the tax-free passes are issued shall
be filed with the Division Board.
(4) The organization gaming licensee shall pay the
entire admission tax to the Division Board.
Such payments shall be made daily. Accompanying each
payment shall be a return on forms provided by the Division
Board, which shall include other information regarding
admission as the Division Board may require. Failure to submit
either the payment or the return within the specified time may
result in suspension or revocation of the organization gaming
license.
From the tax imposed under this subsection (c-5), a
municipality other than the Village of Stickney or the City of
Collinsville in which an organization gaming facility is
located, or if the organization gaming facility is not located
within a municipality, then the county in which the
organization gaming facility is located, except as otherwise
provided in this Section, shall receive, subject to
appropriation, $1 for each person who enters the organization
gaming facility. For each admission to the organization gaming
facility in excess of 1,500,000 in a year, from the tax imposed
under this subsection (c-5), the county in which the
organization gaming facility is located shall receive, subject

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to appropriation, $0.30, which shall be in addition to any
other moneys paid to the county under this Section.
From the tax imposed under this subsection (c-5) on an
organization gaming facility located in the Village of
Stickney, $1 for each person who enters the organization
gaming facility shall be distributed as follows, subject to
appropriation: $0.24 to the Village of Stickney, $0.49 to the
Town of Cicero, $0.05 to the City of Berwyn, and $0.17 to the
Stickney Public Health District, and $0.05 to the City of
Bridgeview.
From the tax imposed under this subsection (c-5) on an
organization gaming facility located in the City of
Collinsville, the following shall each receive 10 cents for
each person who enters the organization gaming facility,
subject to appropriation: the Village of Alorton; the Village
of Washington Park; State Park Place; the Village of Fairmont
City; the City of Centreville; the Village of Brooklyn; the
City of Venice; the City of Madison; the Village of
Caseyville; and the Village of Pontoon Beach.
On the 25th day of each month, all amounts remaining after
payments required under this subsection (c-5) have been made
shall be transferred into the Capital Projects Fund.
(d) The Division Board shall administer and collect the
admission tax imposed by this Section, to the extent
practicable, in a manner consistent with the provisions of
Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,

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6c, 8, 9 and 10 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the adjusted
gross receipts received from gambling games authorized under
this Act at the rate of 20%.
(a-1) From January 1, 1998 until July 1, 2002, a privilege
tax is imposed on persons engaged in the business of
conducting riverboat gambling operations, based on the
adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000.
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax

SB2254 - 388 - LRB102 15486 SMS 20849 b
is imposed on persons engaged in the business of conducting
riverboat gambling operations, other than licensed managers
conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act
at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-3) Beginning July 1, 2003, a privilege tax is imposed
on persons engaged in the business of conducting riverboat
gambling operations, other than licensed managers conducting
riverboat gambling operations on behalf of the State, based on
the adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following

SB2254 - 389 - LRB102 15486 SMS 20849 b
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
27.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $37,500,000;
32.5% of annual adjusted gross receipts in excess of
$37,500,000 but not exceeding $50,000,000;
37.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
45% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
50% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $250,000,000;
70% of annual adjusted gross receipts in excess of
$250,000,000.
An amount equal to the amount of wagering taxes collected
under this subsection (a-3) that are in addition to the amount
of wagering taxes that would have been collected if the
wagering tax rates under subsection (a-2) were in effect shall
be paid into the Common School Fund.
The privilege tax imposed under this subsection (a-3)
shall no longer be imposed beginning on the earlier of (i) July
1, 2005; (ii) the first date after June 20, 2003 that riverboat
gambling operations are conducted pursuant to a dormant
license; or (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners

SB2254 - 390 - LRB102 15486 SMS 20849 b
license that is in addition to the 10 owners licenses
initially authorized under this Act. For the purposes of this
subsection (a-3), the term "dormant license" means an owners
license that is authorized by this Act under which no
riverboat gambling operations are being conducted on June 20,
2003.
(a-4) Beginning on the first day on which the tax imposed
under subsection (a-3) is no longer imposed and ending upon
the imposition of the privilege tax under subsection (a-5) of
this Section, a privilege tax is imposed on persons engaged in
the business of conducting gambling operations, other than
licensed managers conducting riverboat gambling operations on
behalf of the State, based on the adjusted gross receipts
received by a licensed owner from gambling games authorized
under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of

SB2254 - 391 - LRB102 15486 SMS 20849 b
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
For the imposition of the privilege tax in this subsection
(a-4), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
(a-5)(1) Beginning on July 1, 2020, a privilege tax is
imposed on persons engaged in the business of conducting
gambling operations, other than the owners licensee under
paragraph (1) of subsection (e-5) of Section 7 and licensed
managers conducting riverboat gambling operations on behalf of
the State, based on the adjusted gross receipts received by
such licensee from the gambling games authorized under this
Act. The privilege tax for all gambling games other than table
games, including, but not limited to, slot machines, video
game of chance gambling, and electronic gambling games shall
be at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;

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37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
The privilege tax for table games shall be at the
following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000.
For the imposition of the privilege tax in this subsection
(a-5), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
(2) Beginning on the first day that an owners licensee
under paragraph (1) of subsection (e-5) of Section 7 conducts
gambling operations, either in a temporary facility or a
permanent facility, a privilege tax is imposed on persons
engaged in the business of conducting gambling operations
under paragraph (1) of subsection (e-5) of Section 7, other
than licensed managers conducting riverboat gambling
operations on behalf of the State, based on the adjusted gross
receipts received by such licensee from the gambling games
authorized under this Act. The privilege tax for all gambling

SB2254 - 393 - LRB102 15486 SMS 20849 b
games other than table games, including, but not limited to,
slot machines, video game of chance gambling, and electronic
gambling games shall be at the following rates:
12% of annual adjusted gross receipts up to and
including $25,000,000 to the State and 10.5% of annual
adjusted gross receipts up to and including $25,000,000 to
the City of Chicago;
16% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000 to the State and
14% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000 to the City of
Chicago;
20.1% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000 to the State and
17.4% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000 to the City of
Chicago;
21.4% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000 to the State
and 18.6% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000 to the City of
Chicago;
22.7% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000 to the State
and 19.8% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000 to the City of

SB2254 - 394 - LRB102 15486 SMS 20849 b
Chicago;
24.1% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $225,000,000 to the State
and 20.9% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $225,000,000 to the City of
Chicago;
26.8% of annual adjusted gross receipts in excess of
$225,000,000 but not exceeding $1,000,000,000 to the State
and 23.2% of annual adjusted gross receipts in excess of
$225,000,000 but not exceeding $1,000,000,000 to the City
of Chicago;
40% of annual adjusted gross receipts in excess of
$1,000,000,000 to the State and 34.7% of annual gross
receipts in excess of $1,000,000,000 to the City of
Chicago.
The privilege tax for table games shall be at the
following rates:
8.1% of annual adjusted gross receipts up to and
including $25,000,000 to the State and 6.9% of annual
adjusted gross receipts up to and including $25,000,000 to
the City of Chicago;
10.7% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $75,000,000 to the State and
9.3% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $75,000,000 to the City of
Chicago;

SB2254 - 395 - LRB102 15486 SMS 20849 b
11.2% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $175,000,000 to the State
and 9.8% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $175,000,000 to the City of
Chicago;
13.5% of annual adjusted gross receipts in excess of
$175,000,000 but not exceeding $225,000,000 to the State
and 11.5% of annual adjusted gross receipts in excess of
$175,000,000 but not exceeding $225,000,000 to the City of
Chicago;
15.1% of annual adjusted gross receipts in excess of
$225,000,000 but not exceeding $275,000,000 to the State
and 12.9% of annual adjusted gross receipts in excess of
$225,000,000 but not exceeding $275,000,000 to the City of
Chicago;
16.2% of annual adjusted gross receipts in excess of
$275,000,000 but not exceeding $375,000,000 to the State
and 13.8% of annual adjusted gross receipts in excess of
$275,000,000 but not exceeding $375,000,000 to the City of
Chicago;
18.9% of annual adjusted gross receipts in excess of
$375,000,000 to the State and 16.1% of annual gross
receipts in excess of $375,000,000 to the City of Chicago.
For the imposition of the privilege tax in this subsection
(a-5), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not

SB2254 - 396 - LRB102 15486 SMS 20849 b
be included in the determination of adjusted gross receipts.
Notwithstanding the provisions of this subsection (a-5),
for the first 10 years that the privilege tax is imposed under
this subsection (a-5), the privilege tax shall be imposed on
the modified annual adjusted gross receipts of a riverboat or
casino conducting gambling operations in the City of East St.
Louis, unless:
(1) the riverboat or casino fails to employ at least
450 people;
(2) the riverboat or casino fails to maintain
operations in a manner consistent with this Act or is not a
viable riverboat or casino subject to the approval of the
Division Board; or
(3) the owners licensee is not an entity in which
employees participate in an employee stock ownership plan.
As used in this subsection (a-5), "modified annual
adjusted gross receipts" means:
(A) for calendar year 2020, the annual adjusted gross
receipts for the current year minus the difference between
an amount equal to the average annual adjusted gross
receipts from a riverboat or casino conducting gambling
operations in the City of East St. Louis for 2014, 2015,
2016, 2017, and 2018 and the annual adjusted gross
receipts for 2018;
(B) for calendar year 2021, the annual adjusted gross
receipts for the current year minus the difference between

SB2254 - 397 - LRB102 15486 SMS 20849 b
an amount equal to the average annual adjusted gross
receipts from a riverboat or casino conducting gambling
operations in the City of East St. Louis for 2014, 2015,
2016, 2017, and 2018 and the annual adjusted gross
receipts for 2019; and
(C) for calendar years 2022 through 2029, the annual
adjusted gross receipts for the current year minus the
difference between an amount equal to the average annual
adjusted gross receipts from a riverboat or casino
conducting gambling operations in the City of East St.
Louis for 3 years preceding the current year and the
annual adjusted gross receipts for the immediately
preceding year.
(a-6) From June 28, 2019 (the effective date of Public Act
101-31) until June 30, 2023, an owners licensee that conducted
gambling operations prior to January 1, 2011 shall receive a
dollar-for-dollar credit against the tax imposed under this
Section for any renovation or construction costs paid by the
owners licensee, but in no event shall the credit exceed
$2,000,000.
Additionally, from June 28, 2019 (the effective date of
Public Act 101-31) until December 31, 2022, an owners licensee
that (i) is located within 15 miles of the Missouri border, and
(ii) has at least 3 riverboats, casinos, or their equivalent
within a 45-mile radius, may be authorized to relocate to a new
location with the approval of both the unit of local

SB2254 - 398 - LRB102 15486 SMS 20849 b
government designated as the home dock and the Division Board,
so long as the new location is within the same unit of local
government and no more than 3 miles away from its original
location. Such owners licensee shall receive a credit against
the tax imposed under this Section equal to 8% of the total
project costs, as approved by the Division Board, for any
renovation or construction costs paid by the owners licensee
for the construction of the new facility, provided that the
new facility is operational by July 1, 2022. In determining
whether or not to approve a relocation, the Division Board
must consider the extent to which the relocation will diminish
the gaming revenues received by other Illinois gaming
facilities.
(a-7) Beginning in the initial adjustment year and through
the final adjustment year, if the total obligation imposed
pursuant to either subsection (a-5) or (a-6) will result in an
owners licensee receiving less after-tax adjusted gross
receipts than it received in calendar year 2018, then the
total amount of privilege taxes that the owners licensee is
required to pay for that calendar year shall be reduced to the
extent necessary so that the after-tax adjusted gross receipts
in that calendar year equals the after-tax adjusted gross
receipts in calendar year 2018, but the privilege tax
reduction shall not exceed the annual adjustment cap. If
pursuant to this subsection (a-7), the total obligation
imposed pursuant to either subsection (a-5) or (a-6) shall be

SB2254 - 399 - LRB102 15486 SMS 20849 b
reduced, then the owners licensee shall not receive a refund
from the State at the end of the subject calendar year but
instead shall be able to apply that amount as a credit against
any payments it owes to the State in the following calendar
year to satisfy its total obligation under either subsection
(a-5) or (a-6). The credit for the final adjustment year shall
occur in the calendar year following the final adjustment
year.
If an owners licensee that conducted gambling operations
prior to January 1, 2019 expands its riverboat or casino,
including, but not limited to, with respect to its gaming
floor, additional non-gaming amenities such as restaurants,
bars, and hotels and other additional facilities, and incurs
construction and other costs related to such expansion from
June 28, 2019 (the effective date of Public Act 101-31) until
June 28, 2024 (the 5th anniversary of the effective date of
Public Act 101-31), then for each $15,000,000 spent for any
such construction or other costs related to expansion paid by
the owners licensee, the final adjustment year shall be
extended by one year and the annual adjustment cap shall
increase by 0.2% of adjusted gross receipts during each
calendar year until and including the final adjustment year.
No further modifications to the final adjustment year or
annual adjustment cap shall be made after $75,000,000 is
incurred in construction or other costs related to expansion
so that the final adjustment year shall not extend beyond the

SB2254 - 400 - LRB102 15486 SMS 20849 b
9th calendar year after the initial adjustment year, not
including the initial adjustment year, and the annual
adjustment cap shall not exceed 4% of adjusted gross receipts
in a particular calendar year. Construction and other costs
related to expansion shall include all project related costs,
including, but not limited to, all hard and soft costs,
financing costs, on or off-site ground, road or utility work,
cost of gaming equipment and all other personal property,
initial fees assessed for each incremental gaming position,
and the cost of incremental land acquired for such expansion.
Soft costs shall include, but not be limited to, legal fees,
architect, engineering and design costs, other consultant
costs, insurance cost, permitting costs, and pre-opening costs
related to the expansion, including, but not limited to, any
of the following: marketing, real estate taxes, personnel,
training, travel and out-of-pocket expenses, supply,
inventory, and other costs, and any other project related soft
costs.
To be eligible for the tax credits in subsection (a-6),
all construction contracts shall include a requirement that
the contractor enter into a project labor agreement with the
building and construction trades council with geographic
jurisdiction of the location of the proposed gaming facility.
Notwithstanding any other provision of this subsection
(a-7), this subsection (a-7) does not apply to an owners
licensee unless such owners licensee spends at least

SB2254 - 401 - LRB102 15486 SMS 20849 b
$15,000,000 on construction and other costs related to its
expansion, excluding the initial fees assessed for each
incremental gaming position.
This subsection (a-7) does not apply to owners licensees
authorized pursuant to subsection (e-5) of Section 7 of this
Act.
For purposes of this subsection (a-7):
"Building and construction trades council" means any
organization representing multiple construction entities that
are monitoring or attentive to compliance with public or
workers' safety laws, wage and hour requirements, or other
statutory requirements or that are making or maintaining
collective bargaining agreements.
"Initial adjustment year" means the year commencing on
January 1 of the calendar year immediately following the
earlier of the following:
(1) the commencement of gambling operations, either in
a temporary or permanent facility, with respect to the
owners license authorized under paragraph (1) of
subsection (e-5) of Section 7 of this Act; or
(2) June 28, 2021 (24 months after the effective date
of Public Act 101-31);
provided the initial adjustment year shall not commence
earlier than June 28, 2020 (12 months after the effective date
of Public Act 101-31).
"Final adjustment year" means the 2nd calendar year after

SB2254 - 402 - LRB102 15486 SMS 20849 b
the initial adjustment year, not including the initial
adjustment year, and as may be extended further as described
in this subsection (a-7).
"Annual adjustment cap" means 3% of adjusted gross
receipts in a particular calendar year, and as may be
increased further as otherwise described in this subsection
(a-7).
(a-8) Riverboat gambling operations conducted by a
licensed manager on behalf of the State are not subject to the
tax imposed under this Section.
(a-9) Beginning on January 1, 2020, the calculation of
gross receipts or adjusted gross receipts, for the purposes of
this Section, for a riverboat, a casino, or an organization
gaming facility shall not include the dollar amount of
non-cashable vouchers, coupons, and electronic promotions
redeemed by wagerers upon the riverboat, in the casino, or in
the organization gaming facility up to and including an amount
not to exceed 20% of a riverboat's, a casino's, or an
organization gaming facility's adjusted gross receipts.
The Division Illinois Gaming Board shall submit to the
General Assembly a comprehensive report no later than March
31, 2023 detailing, at a minimum, the effect of removing
non-cashable vouchers, coupons, and electronic promotions from
this calculation on net gaming revenues to the State in
calendar years 2020 through 2022, the increase or reduction in
wagerers as a result of removing non-cashable vouchers,

SB2254 - 403 - LRB102 15486 SMS 20849 b
coupons, and electronic promotions from this calculation, the
effect of the tax rates in subsection (a-5) on net gaming
revenues to this State, and proposed modifications to the
calculation.
(a-10) The taxes imposed by this Section shall be paid by
the licensed owner or the organization gaming licensee to the
Division Board not later than 5:00 o'clock p.m. of the day
after the day when the wagers were made.
(a-15) If the privilege tax imposed under subsection (a-3)
is no longer imposed pursuant to item (i) of the last paragraph
of subsection (a-3), then by June 15 of each year, each owners
licensee, other than an owners licensee that admitted
1,000,000 persons or fewer in calendar year 2004, must, in
addition to the payment of all amounts otherwise due under
this Section, pay to the Division Board a reconciliation
payment in the amount, if any, by which the licensed owner's
base amount exceeds the amount of net privilege tax paid by the
licensed owner to the Division Board in the then current State
fiscal year. A licensed owner's net privilege tax obligation
due for the balance of the State fiscal year shall be reduced
up to the total of the amount paid by the licensed owner in its
June 15 reconciliation payment. The obligation imposed by this
subsection (a-15) is binding on any person, firm, corporation,
or other entity that acquires an ownership interest in any
such owners license. The obligation imposed under this
subsection (a-15) terminates on the earliest of: (i) July 1,

SB2254 - 404 - LRB102 15486 SMS 20849 b
2007, (ii) the first day after the effective date of this
amendatory Act of the 94th General Assembly that riverboat
gambling operations are conducted pursuant to a dormant
license, (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses
initially authorized under this Act, or (iv) the first day
that a licensee under the Illinois Horse Racing Act of 1975
conducts gaming operations with slot machines or other
electronic gaming devices. The Division Board must reduce the
obligation imposed under this subsection (a-15) by an amount
the Division Board deems reasonable for any of the following
reasons: (A) an act or acts of God, (B) an act of bioterrorism
or terrorism or a bioterrorism or terrorism threat that was
investigated by a law enforcement agency, or (C) a condition
beyond the control of the owners licensee that does not result
from any act or omission by the owners licensee or any of its
agents and that poses a hazardous threat to the health and
safety of patrons. If an owners licensee pays an amount in
excess of its liability under this Section, the Division Board
shall apply the overpayment to future payments required under
this Section.
For purposes of this subsection (a-15):
"Act of God" means an incident caused by the operation of
an extraordinary force that cannot be foreseen, that cannot be
avoided by the exercise of due care, and for which no person

SB2254 - 405 - LRB102 15486 SMS 20849 b
can be held liable.
"Base amount" means the following:
For a riverboat in Alton, $31,000,000.
For a riverboat in East Peoria, $43,000,000.
For the Empress riverboat in Joliet, $86,000,000.
For a riverboat in Metropolis, $45,000,000.
For the Harrah's riverboat in Joliet, $114,000,000.
For a riverboat in Aurora, $86,000,000.
For a riverboat in East St. Louis, $48,500,000.
For a riverboat in Elgin, $198,000,000.
"Dormant license" has the meaning ascribed to it in
subsection (a-3).
"Net privilege tax" means all privilege taxes paid by a
licensed owner to the Division Board under this Section, less
all payments made from the State Gaming Fund pursuant to
subsection (b) of this Section.
The changes made to this subsection (a-15) by Public Act
94-839 are intended to restate and clarify the intent of
Public Act 94-673 with respect to the amount of the payments
required to be made under this subsection by an owners
licensee to the Division Board.
(b) From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of adjusted gross receipts generated by a
riverboat or a casino, other than a riverboat or casino
designated in paragraph (1), (3), or (4) of subsection (e-5)

SB2254 - 406 - LRB102 15486 SMS 20849 b
of Section 7, shall be paid monthly, subject to appropriation
by the General Assembly, to the unit of local government in
which the casino is located or that is designated as the home
dock of the riverboat. Notwithstanding anything to the
contrary, beginning on the first day that an owners licensee
under paragraph (1), (2), (3), (4), (5), or (6) of subsection
(e-5) of Section 7 conducts gambling operations, either in a
temporary facility or a permanent facility, and for 2 years
thereafter, a unit of local government designated as the home
dock of a riverboat whose license was issued before January 1,
2019, other than a riverboat conducting gambling operations in
the City of East St. Louis, shall not receive less under this
subsection (b) than the amount the unit of local government
received under this subsection (b) in calendar year 2018.
Notwithstanding anything to the contrary and because the City
of East St. Louis is a financially distressed city, beginning
on the first day that an owners licensee under paragraph (1),
(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
conducts gambling operations, either in a temporary facility
or a permanent facility, and for 10 years thereafter, a unit of
local government designated as the home dock of a riverboat
conducting gambling operations in the City of East St. Louis
shall not receive less under this subsection (b) than the
amount the unit of local government received under this
subsection (b) in calendar year 2018.
From the tax revenue deposited in the State Gaming Fund

SB2254 - 407 - LRB102 15486 SMS 20849 b
pursuant to riverboat or casino gambling operations conducted
by a licensed manager on behalf of the State, an amount equal
to 5% of adjusted gross receipts generated pursuant to those
riverboat or casino gambling operations shall be paid monthly,
subject to appropriation by the General Assembly, to the unit
of local government that is designated as the home dock of the
riverboat upon which those riverboat gambling operations are
conducted or in which the casino is located.
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by
a riverboat designated in paragraph (3) of subsection (e-5) of
Section 7 shall be divided and remitted monthly, subject to
appropriation, as follows: 70% to Waukegan, 10% to Park City,
15% to North Chicago, and 5% to Lake County.
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by
a riverboat designated in paragraph (4) of subsection (e-5) of
Section 7 shall be remitted monthly, subject to appropriation,
as follows: 70% to the City of Rockford, 5% to the City of
Loves Park, 5% to the Village of Machesney, and 20% to
Winnebago County.
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by

SB2254 - 408 - LRB102 15486 SMS 20849 b
a riverboat designated in paragraph (5) of subsection (e-5) of
Section 7 shall be remitted monthly, subject to appropriation,
as follows: 2% to the unit of local government in which the
riverboat or casino is located, and 3% shall be distributed:
(A) in accordance with a regional capital development plan
entered into by the following communities: Village of Beecher,
City of Blue Island, Village of Burnham, City of Calumet City,
Village of Calumet Park, City of Chicago Heights, City of
Country Club Hills, Village of Crestwood, Village of Crete,
Village of Dixmoor, Village of Dolton, Village of East Hazel
Crest, Village of Flossmoor, Village of Ford Heights, Village
of Glenwood, City of Harvey, Village of Hazel Crest, Village
of Homewood, Village of Lansing, Village of Lynwood, City of
Markham, Village of Matteson, Village of Midlothian, Village
of Monee, City of Oak Forest, Village of Olympia Fields,
Village of Orland Hills, Village of Orland Park, City of Palos
Heights, Village of Park Forest, Village of Phoenix, Village
of Posen, Village of Richton Park, Village of Riverdale,
Village of Robbins, Village of Sauk Village, Village of South
Chicago Heights, Village of South Holland, Village of Steger,
Village of Thornton, Village of Tinley Park, Village of
University Park and Village of Worth; or (B) if no regional
capital development plan exists, equally among the communities
listed in item (A) to be used for capital expenditures or
public pension payments, or both.
Units of local government may refund any portion of the

SB2254 - 409 - LRB102 15486 SMS 20849 b
payment that they receive pursuant to this subsection (b) to
the riverboat or casino.
(b-4) Beginning on the first day the licensee under
paragraph (5) of subsection (e-5) of Section 7 conducts
gambling operations, either in a temporary facility or a
permanent facility, and ending on July 31, 2042, from the tax
revenue deposited in the State Gaming Fund under this Section,
$5,000,000 shall be paid annually, subject to appropriation,
to the host municipality of that owners licensee of a license
issued or re-issued pursuant to Section 7.1 of this Act before
January 1, 2012. Payments received by the host municipality
pursuant to this subsection (b-4) may not be shared with any
other unit of local government.
(b-5) Beginning on June 28, 2019 (the effective date of
Public Act 101-31), from the tax revenue deposited in the
State Gaming Fund under this Section, an amount equal to 3% of
adjusted gross receipts generated by each organization gaming
facility located outside Madison County shall be paid monthly,
subject to appropriation by the General Assembly, to a
municipality other than the Village of Stickney in which each
organization gaming facility is located or, if the
organization gaming facility is not located within a
municipality, to the county in which the organization gaming
facility is located, except as otherwise provided in this
Section. From the tax revenue deposited in the State Gaming
Fund under this Section, an amount equal to 3% of adjusted

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gross receipts generated by an organization gaming facility
located in the Village of Stickney shall be paid monthly,
subject to appropriation by the General Assembly, as follows:
25% to the Village of Stickney, 5% to the City of Berwyn, 50%
to the Town of Cicero, and 20% to the Stickney Public Health
District.
From the tax revenue deposited in the State Gaming Fund
under this Section, an amount equal to 5% of adjusted gross
receipts generated by an organization gaming facility located
in the City of Collinsville shall be paid monthly, subject to
appropriation by the General Assembly, as follows: 30% to the
City of Alton, 30% to the City of East St. Louis, and 40% to
the City of Collinsville.
Municipalities and counties may refund any portion of the
payment that they receive pursuant to this subsection (b-5) to
the organization gaming facility.
(b-6) Beginning on June 28, 2019 (the effective date of
Public Act 101-31), from the tax revenue deposited in the
State Gaming Fund under this Section, an amount equal to 2% of
adjusted gross receipts generated by an organization gaming
facility located outside Madison County shall be paid monthly,
subject to appropriation by the General Assembly, to the
county in which the organization gaming facility is located
for the purposes of its criminal justice system or health care
system.
Counties may refund any portion of the payment that they

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receive pursuant to this subsection (b-6) to the organization
gaming facility.
(b-7) From the tax revenue from the organization gaming
licensee located in one of the following townships of Cook
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
Worth, an amount equal to 5% of the adjusted gross receipts
generated by that organization gaming licensee shall be
remitted monthly, subject to appropriation, as follows: 2% to
the unit of local government in which the organization gaming
licensee is located, and 3% shall be distributed: (A) in
accordance with a regional capital development plan entered
into by the following communities: Village of Beecher, City of
Blue Island, Village of Burnham, City of Calumet City, Village
of Calumet Park, City of Chicago Heights, City of Country Club
Hills, Village of Crestwood, Village of Crete, Village of
Dixmoor, Village of Dolton, Village of East Hazel Crest,
Village of Flossmoor, Village of Ford Heights, Village of
Glenwood, City of Harvey, Village of Hazel Crest, Village of
Homewood, Village of Lansing, Village of Lynwood, City of
Markham, Village of Matteson, Village of Midlothian, Village
of Monee, City of Oak Forest, Village of Olympia Fields,
Village of Orland Hills, Village of Orland Park, City of Palos
Heights, Village of Park Forest, Village of Phoenix, Village
of Posen, Village of Richton Park, Village of Riverdale,
Village of Robbins, Village of Sauk Village, Village of South
Chicago Heights, Village of South Holland, Village of Steger,

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Village of Thornton, Village of Tinley Park, Village of
University Park, and Village of Worth; or (B) if no regional
capital development plan exists, equally among the communities
listed in item (A) to be used for capital expenditures or
public pension payments, or both.
(b-8) In lieu of the payments under subsection (b) of this
Section, from the tax revenue deposited in the State Gaming
Fund pursuant to riverboat or casino gambling operations
conducted by an owners licensee under paragraph (1) of
subsection (e-5) of Section 7, an amount equal to the tax
revenue generated from the privilege tax imposed by paragraph
(2) of subsection (a-5) that is to be paid to the City of
Chicago shall be paid monthly, subject to appropriation by the
General Assembly, as follows: (1) an amount equal to 0.5% of
the annual adjusted gross receipts generated by the owners
licensee under paragraph (1) of subsection (e-5) of Section 7
to the home rule county in which the owners licensee is located
for the purpose of enhancing the county's criminal justice
system; and (2) the balance to the City of Chicago and shall be
expended or obligated by the City of Chicago for pension
payments in accordance with Public Act 99-506.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Division Board
(i) for the administration and enforcement of this Act and the
Video Gaming Act, (ii) for distribution to the Department of
State Police and to the Department of Revenue for the

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enforcement of this Act and the Video Gaming Act, and (iii) to
the Department of Human Services for the administration of
programs to treat problem gambling, including problem gambling
from sports wagering. The Division's Board's annual
appropriations request must separately state its funding needs
for the regulation of gaming authorized under Section 7.7,
riverboat gaming, casino gaming, video gaming, and sports
wagering.
(c-2) An amount equal to 2% of the adjusted gross receipts
generated by an organization gaming facility located within a
home rule county with a population of over 3,000,000
inhabitants shall be paid, subject to appropriation from the
General Assembly, from the State Gaming Fund to the home rule
county in which the organization gaming licensee is located
for the purpose of enhancing the county's criminal justice
system.
(c-3) Appropriations, as approved by the General Assembly,
may be made from the tax revenue deposited into the State
Gaming Fund from organization gaming licensees pursuant to
this Section for the administration and enforcement of this
Act.
(c-4) After payments required under subsections (b),
(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
the tax revenue from organization gaming licensees deposited
into the State Gaming Fund under this Section, all remaining
amounts from organization gaming licensees shall be

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transferred into the Capital Projects Fund.
(c-5) (Blank).
(c-10) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid into the Horse Racing Equity
Fund pursuant to subsection (c-5) in the prior calendar year.
(c-15) After the payments required under subsections (b),
(c), and (c-5) have been made, an amount equal to 2% of the
adjusted gross receipts of (1) an owners licensee that
relocates pursuant to Section 11.2, (2) an owners licensee
conducting riverboat gambling operations pursuant to an owners
license that is initially issued after June 25, 1999, or (3)
the first riverboat gambling operations conducted by a
licensed manager on behalf of the State under Section 7.3,
whichever comes first, shall be paid, subject to appropriation
from the General Assembly, from the State Gaming Fund to each
home rule county with a population of over 3,000,000
inhabitants for the purpose of enhancing the county's criminal
justice system.
(c-20) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid to each home rule county
with a population of over 3,000,000 inhabitants pursuant to
subsection (c-15) in the prior calendar year.
(c-21) After the payments required under subsections (b),
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have

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been made, an amount equal to 0.5% of the adjusted gross
receipts generated by the owners licensee under paragraph (1)
of subsection (e-5) of Section 7 shall be paid monthly,
subject to appropriation from the General Assembly, from the
State Gaming Fund to the home rule county in which the owners
licensee is located for the purpose of enhancing the county's
criminal justice system.
(c-22) After the payments required under subsections (b),
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
(c-21) have been made, an amount equal to 2% of the adjusted
gross receipts generated by the owners licensee under
paragraph (5) of subsection (e-5) of Section 7 shall be paid,
subject to appropriation from the General Assembly, from the
State Gaming Fund to the home rule county in which the owners
licensee is located for the purpose of enhancing the county's
criminal justice system.
(c-25) From July 1, 2013 and each July 1 thereafter
through July 1, 2019, $1,600,000 shall be transferred from the
State Gaming Fund to the Chicago State University Education
Improvement Fund.
On July 1, 2020 and each July 1 thereafter, $3,000,000
shall be transferred from the State Gaming Fund to the Chicago
State University Education Improvement Fund.
(c-30) On July 1, 2013 or as soon as possible thereafter,
$92,000,000 shall be transferred from the State Gaming Fund to
the School Infrastructure Fund and $23,000,000 shall be

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transferred from the State Gaming Fund to the Horse Racing
Equity Fund.
(c-35) Beginning on July 1, 2013, in addition to any
amount transferred under subsection (c-30) of this Section,
$5,530,000 shall be transferred monthly from the State Gaming
Fund to the School Infrastructure Fund.
(d) From time to time, the Division Board shall transfer
the remainder of the funds generated by this Act into the
Education Assistance Fund, created by Public Act 86-0018, of
the State of Illinois.
(e) Nothing in this Act shall prohibit the unit of local
government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Division Board shall
administer and collect the wagering taxes imposed by this
Section in a manner consistent with the provisions of Sections
4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9,
and 10 of the Retailers' Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act.
(Source: P.A. 101-31, Article 25, Section 25-910, eff.
6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
101-648, eff. 6-30-20.)
(230 ILCS 10/13.05)

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Sec. 13.05. Withholding of delinquent child support.
(a) From winnings required to be reported to the Internal
Revenue Service on Form W-2G, an owners licensee or a licensee
that operates one or more facilities or gaming locations at
which lawful gambling is authorized as provided in this Act
shall withhold up to the full amount of winnings necessary to
pay the winner's past due child support amount as certified by
the Department of Healthcare and Family Services under Section
10-17.15 of the Illinois Public Aid Code. Amounts withheld
shall be paid to the Department of Healthcare and Family
Services by the owners licensee or casino operator licensee,
as applicable.
(b) For withholding of winnings, the licensee shall be
entitled to an administrative fee not to exceed the lesser of
4% of the total amount of cash winnings paid to the gambling
winner or $150.
(c) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total
cash winnings claimed by the obligor. If the cash payout
claimed is greater than the amount sufficient to satisfy the
obligor's delinquent child support payments, the licensee
shall pay the obligor the remaining balance of the payout,
less the administrative fee authorized by subsection (b) of
this Section, at the time it is claimed.
(d) A licensee who in good faith complies with the
requirements of this Section shall not be liable to the gaming

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winner or any other individual or entity.
(e) Upon request of a licensed owner under this Act, an
agent of the Division Board (such as a gaming special agent
employed by the Division Board, a State police officer, or a
revenue agent) shall be responsible for notifying the person
identified as being delinquent in child support payments that
the licensed owner is required by law to withhold all or a
portion of his or her winnings. If given, this notification
must be provided at the time the winnings are withheld.
(f) The provisions of this Section shall be operative on
and after the date that rules are adopted by the Department of
Healthcare and Family Services pursuant to Section 10-17.15 of
the Illinois Public Aid Code.
(g) The delinquent child support required to be withheld
under this Section and the administrative fee under subsection
(b) of this Section have priority over any secured or
unsecured claim on cash winnings, except claims for federal or
State taxes that are required to be withheld under federal or
State law.
(Source: P.A. 98-318, eff. 8-12-13.)
(230 ILCS 10/14) (from Ch. 120, par. 2414)
Sec. 14. Licensees - Records - Reports - Supervision.
(a) Licensed owners and organization gaming licensees
shall keep books and records so as to clearly show the
following:

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(1) The amount received daily from admission fees.
(2) The total amount of gross receipts.
(3) The total amount of the adjusted gross receipts.
(b) Licensed owners and organization gaming licensees
shall furnish to the Division Board reports and information as
the Division Board may require with respect to its activities
on forms designed and supplied for such purpose by the
Division Board.
(c) The books and records kept by a licensed owner as
provided by this Section are public records and the
examination, publication, and dissemination of the books and
records are governed by the provisions of The Freedom of
Information Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/15) (from Ch. 120, par. 2415)
Sec. 15. Audit of licensee operations. Annually, the
licensed owner, manager, or organization gaming licensee shall
transmit to the Division Board an audit of the financial
transactions and condition of the licensee's or manager's
total operations. Additionally, within 90 days after the end
of each quarter of each fiscal year, the licensed owner,
manager, or organization gaming licensee shall transmit to the
Division Board a compliance report on engagement procedures
determined by the Division Board. All audits and compliance
engagements shall be conducted by certified public accountants

SB2254 - 420 - LRB102 15486 SMS 20849 b
selected by the Division Board. Each certified public
accountant must be registered in the State of Illinois under
the Illinois Public Accounting Act. The compensation for each
certified public accountant shall be paid directly by the
licensed owner, manager, or organization gaming licensee to
the certified public accountant.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/16) (from Ch. 120, par. 2416)
Sec. 16. Annual Report of Division Board. The Division
Board shall make an annual report to the Governor, for the
period ending December 31 of each year. Included in the report
shall be an account of the Division Board actions, its
financial position and results of operation under this Act,
the practical results attained under this Act and any
recommendations for legislation which the Division Board deems
advisable.
(Source: P.A. 86-1029.)
(230 ILCS 10/17) (from Ch. 120, par. 2417)
Sec. 17. Administrative procedures. The Illinois
Administrative Procedure Act shall apply to all administrative
rules and procedures of the Division Board under this Act and
the Video Gaming Act, except that: (1) subsection (b) of
Section 5-10 of the Illinois Administrative Procedure Act does
not apply to final orders, decisions and opinions of the

SB2254 - 421 - LRB102 15486 SMS 20849 b
Division Board; (2) subsection (a) of Section 5-10 of the
Illinois Administrative Procedure Act does not apply to forms
established by the Division Board for use under this Act and or
the Video Gaming Act; (3) the provisions of Section 10-45 of
the Illinois Administrative Procedure Act regarding proposals
for decision are excluded under this Act and the Video Gaming
Act; and (4) the provisions of subsection (d) of Section 10-65
of the Illinois Administrative Procedure Act do not apply so
as to prevent summary suspension of any license pending
revocation or other action, which suspension shall remain in
effect unless modified by the Division Board or unless the
Division's Board's decision is reversed on the merits upon
judicial review.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
Sec. 17.1. Judicial review.
(a) Jurisdiction and venue for the judicial review of a
final order of the Division Board relating to licensed owners,
suppliers, organization gaming licensees, and special event
licenses is vested in the Appellate Court of the judicial
district in which Sangamon County is located. A petition for
judicial review of a final order of the Division Board must be
filed in the Appellate Court, within 35 days from the date that
a copy of the decision sought to be reviewed was served upon
the party affected by the decision.

SB2254 - 422 - LRB102 15486 SMS 20849 b
(b) Judicial review of all other final orders of the
Division Board shall be conducted in accordance with the
Administrative Review Law.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18. Prohibited Activities - Penalty.
(a) A person is guilty of a Class A misdemeanor for doing
any of the following:
(1) Conducting gambling where wagering is used or to
be used without a license issued by the Division Board.
(2) Conducting gambling where wagering is permitted
other than in the manner specified by Section 11.
(b) A person is guilty of a Class B misdemeanor for doing
any of the following:
(1) permitting a person under 21 years to make a
wager; or
(2) violating paragraph (12) of subsection (a) of
Section 11 of this Act.
(c) A person wagering or accepting a wager at any location
outside the riverboat, casino, or organization gaming facility
in violation of paragraph (1) or (2) of subsection (a) of
Section 28-1 of the Criminal Code of 2012 is subject to the
penalties provided in that Section.
(d) A person commits a Class 4 felony and, in addition,
shall be barred for life from gambling operations under the

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jurisdiction of the Division Board, if the person does any of
the following:
(1) Offers, promises, or gives anything of value or
benefit to a person who is connected with a riverboat or
casino owner or organization gaming licensee, including,
but not limited to, an officer or employee of a licensed
owner, organization gaming licensee, or holder of an
occupational license pursuant to an agreement or
arrangement or with the intent that the promise or thing
of value or benefit will influence the actions of the
person to whom the offer, promise, or gift was made in
order to affect or attempt to affect the outcome of a
gambling game, or to influence official action of an
employee of the Division a member of the Board.
(2) Solicits or knowingly accepts or receives a
promise of anything of value or benefit while the person
is connected with a riverboat, casino, or organization
gaming facility, including, but not limited to, an officer
or employee of a licensed owner or organization gaming
licensee, or the holder of an occupational license,
pursuant to an understanding or arrangement or with the
intent that the promise or thing of value or benefit will
influence the actions of the person to affect or attempt
to affect the outcome of a gambling game, or to influence
official action of an employee of the Division a member of
the Board.

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(3) Uses or possesses with the intent to use a device
to assist:
(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.
(iii) In analyzing the probability of the
occurrence of an event relating to the gambling game.
(iv) In analyzing the strategy for playing or
betting to be used in the game except as permitted by
the Division Board.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards,
chips, dice, game or device which is intended to be used to
violate any provision of this Act.
(6) Alters or misrepresents the outcome of a gambling
game on which wagers have been made after the outcome is
made sure but before it is revealed to the players.
(7) Places a bet after acquiring knowledge, not
available to all players, of the outcome of the gambling
game which is subject of the bet or to aid a person in
acquiring the knowledge for the purpose of placing a bet
contingent on that outcome.
(8) Claims, collects, or takes, or attempts to claim,
collect, or take, money or anything of value in or from the
gambling games, with intent to defraud, without having
made a wager contingent on winning a gambling game, or
claims, collects, or takes an amount of money or thing of

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value of greater value than the amount won.
(9) Uses counterfeit chips or tokens in a gambling
game.
(10) Possesses any key or device designed for the
purpose of opening, entering, or affecting the operation
of a gambling game, drop box, or an electronic or
mechanical device connected with the gambling game or for
removing coins, tokens, chips or other contents of a
gambling game. This paragraph (10) does not apply to a
gambling licensee or employee of a gambling licensee
acting in furtherance of the employee's employment.
(e) The possession of more than one of the devices
described in subsection (d), paragraphs (3), (5), or (10)
permits a rebuttable presumption that the possessor intended
to use the devices for cheating.
(f) A person under the age of 21 who, except as authorized
under paragraph (10) of Section 11, enters upon a riverboat or
in a casino or organization gaming facility commits a petty
offense and is subject to a fine of not less than $100 or more
than $250 for a first offense and of not less than $200 or more
than $500 for a second or subsequent offense.
An action to prosecute any crime occurring on a riverboat
shall be tried in the county of the dock at which the riverboat
is based. An action to prosecute any crime occurring in a
casino or organization gaming facility shall be tried in the
county in which the casino or organization gaming facility is

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located.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/18.1)
Sec. 18.1. Distribution of certain fines. If a fine is
imposed on an owners licensee or an organization gaming
licensee for knowingly sending marketing or promotional
materials to any person placed on the self-exclusion list,
then the Division Board shall distribute an amount equal to
15% of the fine imposed to the unit of local government in
which the casino, riverboat, or organization gaming facility
is located for the purpose of awarding grants to non-profit
entities that assist gambling addicts.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22. Criminal history record information. Whenever the
Division Board is authorized or required by law to consider
some aspect of criminal history record information for the
purpose of carrying out its statutory powers and
responsibilities, the Division Board shall, in the form and
manner required by the Department of State Police and the
Federal Bureau of Investigation, cause to be conducted a
criminal history record investigation to obtain any
information currently or thereafter contained in the files of
the Department of State Police or the Federal Bureau of

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Investigation, including, but not limited to, civil, criminal,
and latent fingerprint databases. Each applicant for
occupational licensing under Section 9 or key person as
defined by the Division Board in administrative rules shall
submit his or her fingerprints to the Department of State
Police in the form and manner prescribed by the Department of
State Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Department
of State Police and Federal Bureau of Investigation criminal
history records databases, including, but not limited to,
civil, criminal, and latent fingerprint databases. The
Department of State Police shall charge a fee for conducting
the criminal history records check, which shall be deposited
in the State Police Services Fund and shall not exceed the
actual cost of the records check. The Department of State
Police shall provide, on the Division's Board's request,
information concerning any criminal charges, and their
disposition, currently or thereafter filed against any
applicant, key person, or holder of any license or for
determinations of suitability. Information obtained as a
result of an investigation under this Section shall be used in
determining eligibility for any license. Upon request and
payment of fees in conformance with the requirements of
Section 2605-400 of the Department of State Police Law (20
ILCS 2605/2605-400), the Department of State Police is
authorized to furnish, pursuant to positive identification,

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such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 101-597, eff. 12-6-19.)
Section 130. The Video Gaming Act is amended by changing
Sections 5, 15, 20, 25, 26, 35, 43, 45, 50, 57, 58, 60, 78, 79,
79.5, 80, and 85 as follows:
(230 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means one, 5, 10, or 25 cents either won or
purchased by a player.
"Distributor" means an individual, partnership,
corporation, or limited liability company licensed under this
Act to buy, sell, lease, or distribute video gaming terminals
or major components or parts of video gaming terminals to or
from terminal operators.
"Director" means the Director of Video Gaming of the
Department of Lottery and Gaming.
"Division" means the Division of Video Gaming of the
Department of Lottery and Gaming.
"Electronic card" means a card purchased from a licensed
establishment, licensed fraternal establishment, licensed
veterans establishment, licensed truck stop establishment, or
licensed large truck stop establishment for use in that

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establishment as a substitute for cash in the conduct of
gaming on a video gaming terminal.
"Electronic voucher" means a voucher printed by an
electronic video game machine that is redeemable in the
licensed establishment for which it was issued.
"In-location bonus jackpot" means one or more video gaming
terminals at a single licensed establishment that allows for
wagers placed on such video gaming terminals to contribute to
a cumulative maximum jackpot of up to $10,000.
"Terminal operator" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments,
licensed truck stop establishments, licensed large truck stop
establishments, licensed fraternal establishments, or licensed
veterans establishments.
"Licensed technician" means an individual who is licensed
under this Act to repair, service, and maintain video gaming
terminals.
"Licensed terminal handler" means a person, including but
not limited to an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator, who is licensed under this Act to possess
or control a video gaming terminal or to have access to the
inner workings of a video gaming terminal. A licensed terminal
handler does not include an individual, partnership,

SB2254 - 430 - LRB102 15486 SMS 20849 b
corporation, or limited liability company defined as a
manufacturer, distributor, supplier, technician, or terminal
operator under this Act.
"Manufacturer" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, corporation,
or limited liability company that is licensed under this Act
to supply major components or parts to video gaming terminals
to licensed terminal operators.
"Net terminal income" means money put into a video gaming
terminal minus credits paid out to players.
"Video gaming terminal" means any electronic video game
machine that, upon insertion of cash, electronic cards or
vouchers, or any combination thereof, is available to play or
simulate the play of a video game, including but not limited to
video poker, line up, and blackjack, as authorized by the
Division Board utilizing a video display and microprocessors
in which the player may receive free games or credits that can
be redeemed for cash. The term does not include a machine that
directly dispenses coins, cash, or tokens or is for amusement
purposes only.
"Licensed establishment" means any licensed retail
establishment where alcoholic liquor is drawn, poured, mixed,
or otherwise served for consumption on the premises, whether

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the establishment operates on a nonprofit or for-profit basis.
"Licensed establishment" includes any such establishment that
has a contractual relationship with an inter-track wagering
location licensee licensed under the Illinois Horse Racing Act
of 1975, provided any contractual relationship shall not
include any transfer or offer of revenue from the operation of
video gaming under this Act to any licensee licensed under the
Illinois Horse Racing Act of 1975. Provided, however, that the
licensed establishment that has such a contractual
relationship with an inter-track wagering location licensee
may not, itself, be (i) an inter-track wagering location
licensee, (ii) the corporate parent or subsidiary of any
licensee licensed under the Illinois Horse Racing Act of 1975,
or (iii) the corporate subsidiary of a corporation that is
also the corporate parent or subsidiary of any licensee
licensed under the Illinois Horse Racing Act of 1975.
"Licensed establishment" does not include a facility operated
by an organization licensee, an inter-track wagering licensee,
or an inter-track wagering location licensee licensed under
the Illinois Horse Racing Act of 1975 or a riverboat licensed
under the Illinois Gambling Act, except as provided in this
paragraph. The changes made to this definition by Public Act
98-587 are declarative of existing law.
"Licensed fraternal establishment" means the location
where a qualified fraternal organization that derives its
charter from a national fraternal organization regularly

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meets.
"Licensed veterans establishment" means the location where
a qualified veterans organization that derives its charter
from a national veterans organization regularly meets.
"Licensed truck stop establishment" means a facility (i)
that is at least a 3-acre facility with a convenience store,
(ii) with separate diesel islands for fueling commercial motor
vehicles, (iii) that sells at retail more than 10,000 gallons
of diesel or biodiesel fuel per month, and (iv) with parking
spaces for commercial motor vehicles. "Commercial motor
vehicles" has the same meaning as defined in Section 18b-101
of the Illinois Vehicle Code. The requirement of item (iii) of
this paragraph may be met by showing that estimated future
sales or past sales average at least 10,000 gallons per month.
"Licensed large truck stop establishment" means a facility
located within 3 road miles from a freeway interchange, as
measured in accordance with the Department of Transportation's
rules regarding the criteria for the installation of business
signs: (i) that is at least a 3-acre facility with a
convenience store, (ii) with separate diesel islands for
fueling commercial motor vehicles, (iii) that sells at retail
more than 50,000 gallons of diesel or biodiesel fuel per
month, and (iv) with parking spaces for commercial motor
vehicles. "Commercial motor vehicles" has the same meaning as
defined in Section 18b-101 of the Illinois Vehicle Code. The
requirement of item (iii) of this paragraph may be met by

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showing that estimated future sales or past sales average at
least 50,000 gallons per month.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/15)
Sec. 15. Minimum requirements for licensing and
registration. Every video gaming terminal offered for play
shall first be tested and approved pursuant to the rules of the
Division Board, and each video gaming terminal offered in this
State for play shall conform to an approved model. For the
examination of video gaming machines and associated equipment
as required by this Section, the Division Board shall utilize
the services of independent outside testing laboratories that
have been accredited in accordance with ISO/IEC 17025 by an
accreditation body that is a signatory to the International
Laboratory Accreditation Cooperation Mutual Recognition
Agreement signifying they are qualified to perform such
examinations. Notwithstanding any law to the contrary, the
Division Board shall consider the licensing of independent
outside testing laboratory applicants in accordance with
procedures established by the Division Board by rule. The
Board shall not withhold its approval of an independent
outside testing laboratory license applicant that has been
accredited as required by this Section and is licensed in
gaming jurisdictions comparable to Illinois. Upon the
finalization of required rules, the Division Board shall

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license independent testing laboratories and accept the test
reports of any licensed testing laboratory of the video gaming
machine's or associated equipment manufacturer's choice,
notwithstanding the existence of contracts between the
Division Board and any independent testing laboratory. Every
video gaming terminal offered in this State for play must meet
minimum standards approved by the Division Board. Each
approved model shall, at a minimum, meet the following
criteria:
(1) It must conform to all requirements of federal law
and regulations, including FCC Class A Emissions
Standards.
(2) It must theoretically pay out a mathematically
demonstrable percentage during the expected lifetime of
the machine of all amounts played, which must not be less
than 80%. The Division Board shall establish a maximum
payout percentage for approved models by rule. Video
gaming terminals that may be affected by skill must meet
this standard when using a method of play that will
provide the greatest return to the player over a period of
continuous play.
(3) It must use a random selection process to
determine the outcome of each play of a game. The random
selection process must meet 99% confidence limits using a
standard chi-squared test for (randomness) goodness of
fit.

SB2254 - 435 - LRB102 15486 SMS 20849 b
(4) It must display an accurate representation of the
game outcome.
(5) It must not automatically alter pay tables or any
function of the video gaming terminal based on internal
computation of hold percentage or have any means of
manipulation that affects the random selection process or
probabilities of winning a game.
(6) It must not be adversely affected by static
discharge or other electromagnetic interference.
(7) It must be capable of detecting and displaying the
following conditions during idle states or on demand:
power reset; door open; and door just closed.
(8) It must have the capacity to display complete play
history (outcome, intermediate play steps, credits
available, bets placed, credits paid, and credits cashed
out) for the most recent game played and 10 games prior
thereto.
(9) The theoretical payback percentage of a video
gaming terminal must not be capable of being changed
without making a hardware or software change in the video
gaming terminal, either on site or via the central
communications system.
(10) Video gaming terminals must be designed so that
replacement of parts or modules required for normal
maintenance does not necessitate replacement of the
electromechanical meters.

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(11) It must have nonresettable meters housed in a
locked area of the terminal that keep a permanent record
of all cash inserted into the machine, all winnings made
by the terminal printer, credits played in for video
gaming terminals, and credits won by video gaming players.
The video gaming terminal must provide the means for
on-demand display of stored information as determined by
the Division Board.
(12) Electronically stored meter information required
by this Section must be preserved for a minimum of 180 days
after a power loss to the service.
(13) It must have one or more mechanisms that accept
cash in the form of bills. The mechanisms shall be
designed to prevent obtaining credits without paying by
stringing, slamming, drilling, or other means. If such
attempts at physical tampering are made, the video gaming
terminal shall suspend itself from operating until reset.
(14) It shall have accounting software that keeps an
electronic record which includes, but is not limited to,
the following: total cash inserted into the video gaming
terminal; the value of winning tickets claimed by players;
the total credits played; the total credits awarded by a
video gaming terminal; and pay back percentage credited to
players of each video game.
(15) It shall be linked by a central communications
system to provide auditing program information as approved

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by the Division Board. The central communications system
shall use a standard industry protocol, as defined by the
Gaming Standards Association, and shall have the
functionality to enable the Division Board or its designee
to activate or deactivate individual gaming devices from
the central communications system. In no event may the
communications system approved by the Division Board limit
participation to only one manufacturer of video gaming
terminals by either the cost in implementing the necessary
program modifications to communicate or the inability to
communicate with the central communications system.
(16) The Division Board, in its discretion, may
require video gaming terminals to display Amber Alert
messages if the Division Board makes a finding that it
would be economically and technically feasible and pose no
risk to the integrity and security of the central
communications system and video gaming terminals.
Licensed terminal handlers shall have access to video
gaming terminals, including, but not limited to, logic door
access, without the physical presence or supervision of the
Division Board or its agent to perform, in coordination with
and with project approval from the central communication
system provider:
(i) the clearing of the random access memory and
reprogramming of the video gaming terminal;
(ii) the installation of new video gaming terminal

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software and software upgrades that have been approved by
the Division Board;
(iii) the placement, connection to the central
communication system, and go-live operation of video
gaming terminals at a licensed establishment, licensed
truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or
licensed veterans establishment;
(iv) the repair and maintenance of a video gaming
terminal located at a licensed establishment, licensed
truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or
licensed veterans establishment, including, but not
limited to, the replacement of the video gaming terminal
with a new video gaming terminal;
(v) the temporary movement, disconnection,
replacement, and reconnection of video gaming terminals to
allow for physical improvements and repairs at a licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment, such as
replacement of flooring, interior repairs, and other
similar activities; and
(vi) such other functions as the Division Board may
otherwise authorize.
The Division Board shall, at a licensed terminal

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operator's expense, cause all keys and other required devices
to be provided to a terminal operator necessary to allow the
licensed terminal handler access to the logic door to the
terminal operator's video gaming terminals.
The Division Board may adopt rules to establish additional
criteria to preserve the integrity and security of video
gaming in this State. The central communications system vendor
may be licensed as a video gaming terminal manufacturer or a
video gaming terminal distributor, or both, but in no event
shall the central communications system vendor be licensed as
a video gaming terminal operator.
The Division Board shall not permit the development of
information or the use by any licensee of gaming device or
individual game performance data. Nothing in this Act shall
inhibit or prohibit the Division Board from the use of gaming
device or individual game performance data in its regulatory
duties. The Division Board shall adopt rules to ensure that
all licensees are treated and all licensees act in a
non-discriminatory manner and develop processes and penalties
to enforce those rules.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/20)
Sec. 20. Video gaming terminal payouts.
(a) A video gaming terminal may not directly dispense
coins, cash, tokens, or any other article of exchange or value

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except for receipt tickets. Tickets shall be dispensed by
pressing the ticket dispensing button on the video gaming
terminal at the end of one's turn or play. The ticket shall
indicate the total amount of credits and the cash award, the
time of day in a 24-hour format showing hours and minutes, the
date, the terminal serial number, the sequential number of the
ticket, and an encrypted validation number from which the
validity of the prize may be determined. The player shall turn
in this ticket to the appropriate person at the licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment to receive
the cash award.
(b) The cost of the credit shall be one cent, 5 cents, 10
cents, 25 cents, or $1, and the maximum wager played per hand
shall not exceed $4. No cash award for the maximum wager on any
individual hand shall exceed $1,199. No cash award for the
maximum wager on a jackpot, progressive or otherwise, shall
exceed $10,000.
(c) In-location bonus jackpot games are hereby authorized.
The Board shall adopt emergency rules pursuant to Section 5-45
of the Illinois Administrative Procedure Act to implement this
subsection (c) within 90 days after the effective date of this
amendatory Act of the 101st General Assembly. Jackpot winnings
from in-location progressive games shall be paid by the
terminal operator to the player not later than 3 days after

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winning such a jackpot.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this
Act. A distributor may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's or
terminal operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed large truck stop establishments, licensed fraternal
establishments, and licensed veterans establishments. No
terminal operator may give anything of value, including but
not limited to a loan or financing arrangement, to a licensed

SB2254 - 442 - LRB102 15486 SMS 20849 b
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment as any
incentive or inducement to locate video terminals in that
establishment. Of the after-tax profits from a video gaming
terminal, 50% shall be paid to the terminal operator and 50%
shall be paid to the licensed establishment, licensed truck
stop establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment, notwithstanding any agreement to the contrary.
A video terminal operator that violates one or more
requirements of this subsection is guilty of a Class 4 felony
and is subject to termination of his or her license by the
Division Board.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued

SB2254 - 443 - LRB102 15486 SMS 20849 b
under this Act.
(e) Licensed establishment. No video gaming terminal may
be placed in any licensed establishment, licensed veterans
establishment, licensed truck stop establishment, licensed
large truck stop establishment, or licensed fraternal
establishment unless the owner or agent of the owner of the
licensed establishment, licensed veterans establishment,
licensed truck stop establishment, licensed large truck stop
establishment, or licensed fraternal establishment has entered
into a written use agreement with the terminal operator for
placement of the terminals. A copy of the use agreement shall
be on file in the terminal operator's place of business and
available for inspection by individuals authorized by the
Division Board. A licensed establishment, licensed truck stop
establishment, licensed veterans establishment, or licensed
fraternal establishment may operate up to 6 video gaming
terminals on its premises at any time. A licensed large truck
stop establishment may operate up to 10 video gaming terminals
on its premises at any time.
(f) (Blank).
(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, a business, or a limited
liability company means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates, manages,

SB2254 - 444 - LRB102 15486 SMS 20849 b
or conducts, directly or indirectly, the organization,
association, or business, or any part thereof; or
(B) When, with respect to a partnership, the
individual or his or her spouse shares in any of the
profits, or potential profits, of the partnership
activities; or
(C) When, with respect to a corporation, an individual
or his or her spouse is an officer or director, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of any class of stock of the
corporation; or
(D) When, with respect to an organization not covered
in (A), (B) or (C) above, an individual or his or her
spouse is an officer or manages the business affairs, or
the individual or his or her spouse is the owner of or
otherwise controls 10% or more of the assets of the
organization; or
(E) When an individual or his or her spouse furnishes
5% or more of the capital, whether in cash, goods, or
services, for the operation of any business, association,
or organization during any calendar year; or
(F) When, with respect to a limited liability company,
an individual or his or her spouse is a member, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of the membership interest of
the limited liability company.

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For purposes of this subsection (g), "individual" includes
all individuals or their spouses whose combined interest would
qualify as a substantial interest under this subsection (g)
and whose activities with respect to an organization,
association, or business are so closely aligned or coordinated
as to constitute the activities of a single entity.
(h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment that is (i) located within 1,000 feet
of a facility operated by an organization licensee licensed
under the Illinois Horse Racing Act of 1975 or the home dock of
a riverboat licensed under the Illinois Gambling Act or (ii)
located within 100 feet of a school or a place of worship under
the Religious Corporation Act, is ineligible to operate a
video gaming terminal. The location restrictions in this
subsection (h) do not apply if (A) a facility operated by an
organization licensee, a school, or a place of worship moves
to or is established within the restricted area after a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment becomes
licensed under this Act or (B) a school or place of worship
moves to or is established within the restricted area after a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal

SB2254 - 446 - LRB102 15486 SMS 20849 b
establishment, or licensed veterans establishment obtains its
original liquor license. For the purpose of this subsection,
"school" means an elementary or secondary public school, or an
elementary or secondary private school registered with or
recognized by the State Board of Education.
Notwithstanding the provisions of this subsection (h), the
Division Board may waive the requirement that a licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment not be
located within 1,000 feet from a facility operated by an
organization licensee licensed under the Illinois Horse Racing
Act of 1975 or the home dock of a riverboat licensed under the
Illinois Gambling Act. The Division Board shall not grant such
waiver if there is any common ownership or control, shared
business activity, or contractual arrangement of any type
between the establishment and the organization licensee or
owners licensee of a riverboat. The Division Board shall adopt
rules to implement the provisions of this paragraph.
(h-5) Restrictions on licenses in malls. The Division
Board shall not grant an application to become a licensed
video gaming location if the Division Board determines that
granting the application would more likely than not cause a
terminal operator, individually or in combination with other
terminal operators, licensed video gaming location, or other
person or entity, to operate the video gaming terminals in 2 or

SB2254 - 447 - LRB102 15486 SMS 20849 b
more licensed video gaming locations as a single video gaming
operation.
(1) In making determinations under this subsection
(h-5), factors to be considered by the Division Board
shall include, but not be limited to, the following:
(A) the physical aspects of the location;
(B) the ownership, control, or management of the
location;
(C) any arrangements, understandings, or
agreements, written or otherwise, among or involving
any persons or entities that involve the conducting of
any video gaming business or the sharing of costs or
revenues; and
(D) the manner in which any terminal operator or
other related entity markets, advertises, or otherwise
describes any location or locations to any other
person or entity or to the public.
(2) The Division Board shall presume, subject to
rebuttal, that the granting of an application to become a
licensed video gaming location within a mall will cause a
terminal operator, individually or in combination with
other persons or entities, to operate the video gaming
terminals in 2 or more licensed video gaming locations as
a single video gaming operation if the Division Board
determines that granting the license would create a local
concentration of licensed video gaming locations.

SB2254 - 448 - LRB102 15486 SMS 20849 b
For the purposes of this subsection (h-5):
"Mall" means a building, or adjoining or connected
buildings, containing 4 or more separate locations.
"Video gaming operation" means the conducting of video
gaming and all related activities.
"Location" means a space within a mall containing a
separate business, a place for a separate business, or a place
subject to a separate leasing arrangement by the mall owner.
"Licensed video gaming location" means a licensed
establishment, licensed fraternal establishment, licensed
veterans establishment, licensed truck stop establishment, or
licensed large truck stop.
"Local concentration of licensed video gaming locations"
means that the combined number of licensed video gaming
locations within a mall exceed half of the separate locations
within the mall.
(i) Undue economic concentration. In addition to
considering all other requirements under this Act, in deciding
whether to approve the operation of video gaming terminals by
a terminal operator in a location, the Division Board shall
consider the impact of any economic concentration of such
operation of video gaming terminals. The Division Board shall
not allow a terminal operator to operate video gaming
terminals if the Division Board determines such operation will
result in undue economic concentration. For purposes of this
Section, "undue economic concentration" means that a terminal

SB2254 - 449 - LRB102 15486 SMS 20849 b
operator would have such actual or potential influence over
video gaming terminals in Illinois as to:
(1) substantially impede or suppress competition among
terminal operators;
(2) adversely impact the economic stability of the
video gaming industry in Illinois; or
(3) negatively impact the purposes of the Video Gaming
Act.
The Division Board shall adopt rules concerning undue
economic concentration with respect to the operation of video
gaming terminals in Illinois. The rules shall include, but not
be limited to, (i) limitations on the number of video gaming
terminals operated by any terminal operator within a defined
geographic radius and (ii) guidelines on the discontinuation
of operation of any such video gaming terminals the Division
Board determines will cause undue economic concentration.
(j) The provisions of the Illinois Antitrust Act are fully
and equally applicable to the activities of any licensee under
this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/26)
Sec. 26. Residency requirement. Each licensed distributor,
terminal operator, and person with a substantial interest in a
licensed distributor or terminal operator must be an Illinois
resident. However, if an out-of-state distributor or terminal

SB2254 - 450 - LRB102 15486 SMS 20849 b
operator has performed its respective business within Illinois
for at least 48 months prior to the effective date of this Act,
the out-of-state person may be eligible for licensing under
this Act, upon application to and approval of the Division
Board. The Division Board shall adopt rules to implement this
Section.
(Source: P.A. 96-38, eff. 7-13-09.)
(230 ILCS 40/35)
Sec. 35. Display of license; confiscation; violation as
felony.
(a) Each video gaming terminal shall be licensed by the
Division Board before placement or operation on the premises
of a licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment. The license of each video gaming terminal shall
be maintained at the location where the video gaming terminal
is operated. Failure to do so is a petty offense with a fine
not to exceed $100. Any licensed establishment, licensed truck
stop establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment used for the conduct of gambling games in
violation of this Act shall be considered a gambling place in
violation of Section 28-3 of the Criminal Code of 2012. Every
gambling device found in a licensed establishment, licensed

SB2254 - 451 - LRB102 15486 SMS 20849 b
truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment operating gambling games in violation
of this Act shall be subject to seizure, confiscation, and
destruction as provided in Section 28-5 of the Criminal Code
of 2012. Any license issued under the Liquor Control Act of
1934 to any owner or operator of a licensed establishment,
licensed truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment that operates or permits the operation
of a video gaming terminal within its establishment in
violation of this Act shall be immediately revoked. No person
may own, operate, have in his or her possession or custody or
under his or her control, or permit to be kept in any place
under his or her possession or control, any device that awards
credits and contains a circuit, meter, or switch capable of
removing and recording the removal of credits when the award
of credits is dependent upon chance.
Nothing in this Section 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 subsection (b) of Section
28-1 of the Criminal Code of 2012.
A violation of this Section is a Class 4 felony. All
devices that are owned, operated, or possessed in violation of
this Section are hereby declared to be public nuisances and
shall be subject to seizure, confiscation, and destruction as

SB2254 - 452 - LRB102 15486 SMS 20849 b
provided in Section 28-5 of the Criminal Code of 2012.
The provisions of this Section do not apply to devices or
electronic video game terminals licensed pursuant to this Act.
A video gaming terminal operated for amusement only and
bearing a valid amusement tax sticker shall not be subject to
this Section until 30 days after the Division Board
establishes that the central communications system is
functional.
(b) (1) The odds of winning each video game shall be posted
on or near each video gaming terminal. The manner in which the
odds are calculated and how they are posted shall be
determined by the Division Board by rule.
(2) No video gaming terminal licensed under this Act may
be played except during the legal hours of operation allowed
for the consumption of alcoholic beverages at the licensed
establishment, licensed fraternal establishment, or licensed
veterans establishment. A licensed establishment, licensed
fraternal establishment, or licensed veterans establishment
that violates this subsection is subject to termination of its
license by the Division Board.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/43)
Sec. 43. Notice of alleged violation of Section 40. In all
instances of an alleged violation of Section 40, the Division
Board or its agents or designees shall provide written notice

SB2254 - 453 - LRB102 15486 SMS 20849 b
of the alleged violation to the affected licensed
establishment, licensed fraternal establishment, licensed
veterans establishment, or licensed truck stop establishment
within 15 days after the alleged occurrence of the violation.
(Source: P.A. 101-318, eff. 8-9-19.)
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, and licensed veterans establishment shall be
licensed by the Division Board. The Division Board may issue
or deny a license under this Act to any person pursuant to the
same criteria set forth in Section 9 of the Illinois Gambling
Act.
(a-5) The Division Board shall not grant a license to a
person who has facilitated, enabled, or participated in the
use of coin-operated devices for gambling purposes or who is
under the significant influence or control of such a person.
For the purposes of this Act, "facilitated, enabled, or
participated in the use of coin-operated amusement devices for
gambling purposes" means that the person has been convicted of
any violation of Article 28 of the Criminal Code of 1961 or the

SB2254 - 454 - LRB102 15486 SMS 20849 b
Criminal Code of 2012. If there is pending legal action
against a person for any such violation, then the Division
Board shall delay the licensure of that person until the legal
action is resolved.
(b) Each person seeking and possessing a license as a
video gaming terminal manufacturer, distributor, supplier,
operator, handler, licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment shall submit to a background investigation
conducted by the Division Board with the assistance of the
State Police or other law enforcement. To the extent that the
corporate structure of the applicant allows, the background
investigation shall include any or all of the following as the
Division Board deems appropriate or as provided by rule for
each category of licensure: (i) each beneficiary of a trust,
(ii) each partner of a partnership, (iii) each member of a
limited liability company, (iv) each director and officer of a
publicly or non-publicly held corporation, (v) each
stockholder of a non-publicly held corporation, (vi) each
stockholder of 5% or more of a publicly held corporation, or
(vii) each stockholder of 5% or more in a parent or subsidiary
corporation.
(c) Each person seeking and possessing a license as a
video gaming terminal manufacturer, distributor, supplier,
operator, handler, licensed establishment, licensed truck stop

SB2254 - 455 - LRB102 15486 SMS 20849 b
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment shall disclose the identity of every person,
association, trust, corporation, or limited liability company
having a greater than 1% direct or indirect pecuniary interest
in the video gaming terminal operation for which the license
is sought. If the disclosed entity is a trust, the application
shall disclose the names and addresses of the beneficiaries;
if a corporation, the names and addresses of all stockholders
and directors; if a limited liability company, the names and
addresses of all members; or if a partnership, the names and
addresses of all partners, both general and limited.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment if that
person has been found by the Division Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public
interests of the State or to the security and integrity of
video gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or

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(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the
satisfaction of the Division Board. The Division Board may
adopt rules to establish additional qualifications and
requirements to preserve the integrity and security of video
gaming in this State.
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Division
Board in the following amounts:
(1) Manufacturer..........................$5,000
(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler........................$100
(7) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment...............................$100
(g) The Division Board shall establish an annual fee for
each license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000

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(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment..........................$100
(7) Video gaming terminal...................$100
(8) Terminal Handler............................$100
(h) A terminal operator and a licensed establishment,
licensed truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall equally split the fees specified
in item (7) of subsection (g).
(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
(230 ILCS 40/50)
Sec. 50. Distribution of license fees.
(a) All fees collected under Section 45 shall be deposited
into the State Gaming Fund.
(b) Fees collected under Section 45 shall be used as
follows:
(1) Twenty-five percent shall be paid, subject to
appropriation by the General Assembly, to the Department
of Human Services for administration of programs for the
treatment of compulsive gambling.

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(2) Seventy-five percent shall be used for the
administration of this Act.
(c) All licenses issued by the Division Board under this
Act are renewable annually unless sooner cancelled or
terminated. No license issued under this Act is transferable
or assignable.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
(230 ILCS 40/57)
Sec. 57. Insurance. Each terminal operator shall maintain
liability insurance on any gaming device that it places in a
licensed video gaming location in an amount set by the
Division Board.
(Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
(230 ILCS 40/58)
Sec. 58. Location of terminals. Video gaming terminals in
a licensed establishment, licensed fraternal establishment, or
licensed veterans establishment must be located in an area
that is restricted to persons over 21 years of age and the
entrance to the area must be within the view of at least one
employee of the establishment who is over 21 years of age.
The placement of video gaming terminals in licensed
establishments, licensed truck stop establishments, licensed
large truck stop establishments, licensed fraternal
establishments, and licensed veterans establishments shall be

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subject to the rules promulgated by the Division Board
pursuant to the Illinois Administrative Procedure Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19;
revised 9-20-19.)
(230 ILCS 40/60)
Sec. 60. Imposition and distribution of tax.
(a) A tax of 30% is imposed on net terminal income and
shall be collected by the Division Board.
Of the tax collected under this subsection (a),
five-sixths shall be deposited into the Capital Projects Fund
and one-sixth shall be deposited into the Local Government
Video Gaming Distributive Fund.
(b) Beginning on July 1, 2019, an additional tax of 3% is
imposed on net terminal income and shall be collected by the
Division Board.
Beginning on July 1, 2020, an additional tax of 1% is
imposed on net terminal income and shall be collected by the
Division Board.
The tax collected under this subsection (b) shall be
deposited into the Capital Projects Fund.
(c) Revenues generated from the play of video gaming
terminals shall be deposited by the terminal operator, who is
responsible for tax payments, in a specially created, separate
bank account maintained by the video gaming terminal operator
to allow for electronic fund transfers of moneys for tax

SB2254 - 460 - LRB102 15486 SMS 20849 b
payment.
(d) Each licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall maintain an adequate video gaming fund,
with the amount to be determined by the Division Board.
(e) The State's percentage of net terminal income shall be
reported and remitted to the Division Board within 15 days
after the 15th day of each month and within 15 days after the
end of each month by the video terminal operator. A video
terminal operator who falsely reports or fails to report the
amount due required by this Section is guilty of a Class 4
felony and is subject to termination of his or her license by
the Division Board. Each video terminal operator shall keep a
record of net terminal income in such form as the Division
Board may require. All payments not remitted when due shall be
paid together with a penalty assessment on the unpaid balance
at a rate of 1.5% per month.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/78)
Sec. 78. Authority of the Department of Lottery and Gaming
Illinois Gaming Board.
(a) The Division of Video Gaming of the Department of
Lottery and Gaming Board shall have jurisdiction over and
shall supervise all gaming operations governed by this Act.

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The Division Board shall have all powers necessary and proper
to fully and effectively execute the provisions of this Act,
including, but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
video gaming operations in this State and all persons in
establishments where video gaming operations are
conducted.
(3) To adopt rules for the purpose of administering
the provisions of this Act and to prescribe rules,
regulations, and conditions under which all video gaming
in the State shall be conducted. Such rules and
regulations are to provide for the prevention of practices
detrimental to the public interest and for the best
interests of video gaming, including rules and regulations
(i) regarding the inspection of such establishments and
the review of any permits or licenses necessary to operate
an establishment under any laws or regulations applicable
to establishments, (ii) to impose penalties for violations
of this Act and its rules, and (iii) establishing
standards for advertising video gaming.
(b) (Blank) The Board shall adopt emergency rules to
administer this Act in accordance with Section 5-45 of the

SB2254 - 462 - LRB102 15486 SMS 20849 b
Illinois Administrative Procedure Act. For the purposes of the
Illinois Administrative Procedure Act, the General Assembly
finds that the adoption of rules to implement this Act is
deemed an emergency and necessary to the public interest,
safety, and welfare.
(Source: P.A. 98-31, eff. 6-24-13.)
(230 ILCS 40/79)
Sec. 79. Investigators. Investigators appointed by the
Division Board pursuant to the powers conferred upon the
Division Board by paragraph (20.6) of subsection (c) of
Section 5 of the Illinois Gambling Act and Section 80 of this
Act shall have authority to conduct investigations, searches,
seizures, arrests, and other duties imposed under this Act and
the Illinois Gambling Act, as deemed necessary by the Division
Board. These investigators have and may exercise all of the
rights and powers of peace officers, provided that these
powers shall be (1) limited to offenses or violations
occurring or committed in connection with conduct subject to
this Act, including, but not limited to, the manufacture,
distribution, supply, operation, placement, service,
maintenance, or play of video gaming terminals and the
distribution of profits and collection of revenues resulting
from such play, and (2) exercised, to the fullest extent
practicable, in cooperation with the local police department
of the applicable municipality or, if these powers are

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exercised outside the boundaries of an incorporated
municipality or within a municipality that does not have its
own police department, in cooperation with the police
department whose jurisdiction encompasses the applicable
locality.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 40/79.5)
Sec. 79.5. Enforcement actions. The Division Board shall
establish a policy and standards for compliance operations to
investigate whether a licensed establishment, licensed
fraternal establishment, licensed veterans establishment, or a
licensed truck stop establishment is: (1) permitting any
person under the age of 21 years to use or play a video gaming
terminal in violation of this Act; or (2) furnishing alcoholic
liquor to persons under 21 years of age in violation of the
Liquor Control Act of 1934.
The policy and standards for compliance operations under
this Section shall be similar to the model policy and
guidelines for the operation of alcohol and tobacco compliance
checks by local law enforcement officers adopted by the
Illinois Law Enforcement Training Standards Board pursuant to
subsection (c) of Section 6-16.1 of the Liquor Control Act of
1934. The Board shall adopt the policy and standards in the
form of emergency rulemaking that shall be adopted no later
than 90 days after the effective date of this amendatory Act of

SB2254 - 464 - LRB102 15486 SMS 20849 b
the 101st General Assembly and shall be immediately followed
by permanent rulemaking on the same subject.
A licensed establishment, licensed fraternal
establishment, licensed veterans establishment, or licensed
truck stop establishment that is the subject of an enforcement
action under this Section and is found, pursuant to the
enforcement action, to be in compliance with this Act shall be
notified by the Division Board that no violation was found
within 30 days after the finding.
(Source: P.A. 101-318, eff. 8-9-19.)
(230 ILCS 40/80)
Sec. 80. Applicability of Illinois Gambling Act. The
provisions of the Illinois Gambling Act, and all rules
promulgated thereunder, shall apply to the Video Gaming Act,
except where there is a conflict between the 2 Acts. In the
event of a conflict between the 2 Acts, the provisions of the
Illinois Gambling Act shall prevail. All current supplier
licensees under the Illinois Gambling Act shall be entitled to
licensure under the Video Gaming Act as manufacturers,
distributors, or suppliers without additional Division Board
investigation or approval, except by vote of the Division
Board; however, they are required to pay application and
annual fees under this Act. All provisions of the Uniform
Penalty and Interest Act shall apply, as far as practicable,
to the subject matter of this Act to the same extent as if such

SB2254 - 465 - LRB102 15486 SMS 20849 b
provisions were included herein.
(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
Section 135. The Sports Wagering Act is amended by
changing Sections 25-10, 25-15, 25-20, 25-25, 25-30, 25-35,
25-40, 25-45, 25-50, 25-55, 25-60, 25-70, 25-75, 25-85, 25-90,
25-100, and 25-105 as follows:
(230 ILCS 45/25-10)
Sec. 25-10. Definitions. As used in this Act:
"Adjusted gross sports wagering receipts" means a master
sports wagering licensee's gross sports wagering receipts,
less winnings paid to wagerers in such games.
"Athlete" means any current or former professional athlete
or collegiate athlete.
"Board" means the Illinois Gaming Board.
"Covered persons" includes athletes; umpires, referees,
and officials; personnel associated with clubs, teams,
leagues, and athletic associations; medical professionals
(including athletic trainers) who provide services to athletes
and players; and the family members and associates of these
persons where required to serve the purposes of this Act.
"Department" means the Department of the Lottery and
Gaming.
"Director" means the Director of Video Gaming of the
Department of Lottery and Gaming.

SB2254 - 466 - LRB102 15486 SMS 20849 b
"Division" means the Division of Video Gaming of the
Department of Lottery and Gaming.
"Gaming facility" means a facility at which gambling
operations are conducted under the Illinois Gambling Act,
pari-mutuel wagering is conducted under the Illinois Horse
Racing Act of 1975, or sports wagering is conducted under this
Act.
"Official league data" means statistics, results,
outcomes, and other data related to a sports event obtained
pursuant to an agreement with the relevant sports governing
body, or an entity expressly authorized by the sports
governing body to provide such information to licensees, that
authorizes the use of such data for determining the outcome of
tier 2 sports wagers on such sports events.
"Organization licensee" has the meaning given to that term
in the Illinois Horse Racing Act of 1975.
"Owners licensee" means the holder of an owners license
under the Illinois Gambling Act.
"Person" means an individual, partnership, committee,
association, corporation, or any other organization or group
of persons.
"Personal biometric data" means an athlete's information
derived from DNA, heart rate, blood pressure, perspiration
rate, internal or external body temperature, hormone levels,
glucose levels, hydration levels, vitamin levels, bone
density, muscle density, and sleep patterns.

SB2254 - 467 - LRB102 15486 SMS 20849 b
"Prohibited conduct" includes any statement, action, and
other communication intended to influence, manipulate, or
control a betting outcome of a sporting contest or of any
individual occurrence or performance in a sporting contest in
exchange for financial gain or to avoid financial or physical
harm. "Prohibited conduct" includes statements, actions, and
communications made to a covered person by a third party, such
as a family member or through social media. "Prohibited
conduct" does not include statements, actions, or
communications made or sanctioned by a team or sports
governing body.
"Qualified applicant" means an applicant for a license
under this Act whose application meets the mandatory minimum
qualification criteria as required by the Division Board.
"Sporting contest" means a sports event or game on which
the State allows sports wagering to occur under this Act.
"Sports event" means a professional sport or athletic
event, a collegiate sport or athletic event, a motor race
event, or any other event or competition of relative skill
authorized by the Division Board under this Act.
"Sports facility" means a facility that hosts sports
events and holds a seating capacity greater than 17,000
persons.
"Sports governing body" means the organization that
prescribes final rules and enforces codes of conduct with
respect to a sports event and participants therein.

SB2254 - 468 - LRB102 15486 SMS 20849 b
"Sports wagering" means accepting wagers on sports events
or portions of sports events, or on the individual performance
statistics of athletes in a sports event or combination of
sports events, by any system or method of wagering, including,
but not limited to, in person or over the Internet through
websites and on mobile devices. "Sports wagering" includes,
but is not limited to, single-game bets, teaser bets, parlays,
over-under, moneyline, pools, exchange wagering, in-game
wagering, in-play bets, proposition bets, and straight bets.
"Sports wagering account" means a financial record
established by a master sports wagering licensee for an
individual patron in which the patron may deposit and withdraw
funds for sports wagering and other authorized purchases and
to which the master sports wagering licensee may credit
winnings or other amounts due to that patron or authorized by
that patron.
"Tier 1 sports wager" means a sports wager that is
determined solely by the final score or final outcome of the
sports event and is placed before the sports event has begun.
"Tier 2 sports wager" means a sports wager that is not a
tier 1 sports wager.
"Wager" means a sum of money or thing of value risked on an
uncertain occurrence.
"Winning bidder" means a qualified applicant for a master
sports wagering license chosen through the competitive
selection process under Section 25-45.

SB2254 - 469 - LRB102 15486 SMS 20849 b
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-15)
Sec. 25-15. Division Board duties and powers.
(a) Except for sports wagering conducted under Section
25-70, the Division Board shall have the authority to regulate
the conduct of sports wagering under this Act.
(b) The Division Board may adopt any rules the Division
Board considers necessary for the successful implementation,
administration, and enforcement of this Act, except for
Section 25-70. Rules proposed by the Division Board may be
adopted as emergency rules pursuant to Section 5-45 of the
Illinois Administrative Procedure Act.
(c) The Division Board shall levy and collect all fees,
surcharges, civil penalties, and monthly taxes on adjusted
gross sports wagering receipts imposed by this Act and deposit
all moneys into the Sports Wagering Fund, except as otherwise
provided under this Act.
(d) The Division Board may exercise any other powers
necessary to enforce the provisions of this Act that it
regulates and the rules of the Division Board.
(e) The Division Board shall adopt rules for a license to
be employed by a master sports wagering licensee when the
employee works in a designated gaming area that has sports
wagering or performs duties in furtherance of or associated
with the operation of sports wagering by the master sports

SB2254 - 470 - LRB102 15486 SMS 20849 b
wagering licensee (occupational license), which shall require
an annual license fee of $250. License fees shall be deposited
into the State Gaming Fund and used for the administration of
this Act.
(f) The Division Board may require that licensees share,
in real time and at the sports wagering account level,
information regarding a wagerer, amount and type of wager, the
time the wager was placed, the location of the wager,
including the Internet protocol address, if applicable, the
outcome of the wager, and records of abnormal wagering
activity. Information shared under this subsection (f) must be
submitted in the form and manner as required by rule. If a
sports governing body has notified the Division Board that
real-time information sharing for wagers placed on its sports
events is necessary and desirable, licensees may share the
same information in the form and manner required by the
Division Board by rule with the sports governing body or its
designee with respect to wagers on its sports events subject
to applicable federal, State, or local laws or regulations,
including, without limitation, privacy laws and regulations.
Such information may be provided in anonymized form and may be
used by a sports governing body solely for integrity purposes.
For purposes of this subsection (f), "real-time" means a
commercially reasonable periodic interval.
(g) A master sports wagering licensee, professional sports
team, league, or association, sports governing body, or

SB2254 - 471 - LRB102 15486 SMS 20849 b
institution of higher education may submit to the Division
Board in writing a request to prohibit a type or form of
wagering if the master sports wagering licensee, professional
sports team, league, or association, sports governing body, or
institution of higher education believes that such wagering by
type or form is contrary to public policy, unfair to
consumers, or affects the integrity of a particular sport or
the sports betting industry. The Division Board shall grant
the request upon a demonstration of good cause from the
requester and consultation with licensees. The Division Board
shall respond to a request pursuant to this subsection (g)
concerning a particular event before the start of the event
or, if it is not feasible to respond before the start of the
event, as soon as practicable.
(h) The Division Board and master sports wagering
licensees may cooperate with investigations conducted by
sports governing bodies or law enforcement agencies,
including, but not limited to, providing and facilitating the
provision of account-level betting information and audio or
video files relating to persons placing wagers.
(i) A master sports wagering licensee shall make
commercially reasonable efforts to promptly notify the
Division Board any information relating to:
(1) criminal or disciplinary proceedings commenced
against the master sports wagering licensee in connection
with its operations;

SB2254 - 472 - LRB102 15486 SMS 20849 b
(2) abnormal wagering activity or patterns that may
indicate a concern with the integrity of a sports event or
sports events;
(3) any potential breach of the relevant sports
governing body's internal rules and codes of conduct
pertaining to sports wagering that a licensee has
knowledge of;
(4) any other conduct that corrupts a wagering outcome
of a sports event or sports events for purposes of
financial gain, including match fixing; and
(5) suspicious or illegal wagering activities,
including use of funds derived from illegal activity,
wagers to conceal or launder funds derived from illegal
activity, using agents to place wagers, and using false
identification.
A master sports wagering licensee shall also make
commercially reasonable efforts to promptly report information
relating to conduct described in paragraphs (2), (3), and (4)
of this subsection (i) to the relevant sports governing body.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-20)
Sec. 25-20. Licenses required.
(a) No person may engage in any activity in connection
with sports wagering in this State unless all necessary
licenses have been obtained in accordance with this Act and

SB2254 - 473 - LRB102 15486 SMS 20849 b
the rules of the Division Board and the Department. The
following licenses shall be issued under this Act:
(1) master sports wagering license;
(2) occupational license;
(3) supplier license;
(4) management services provider license;
(5) tier 2 official league data provider license; and
(6) central system provider license.
No person or entity may engage in a sports wagering
operation or activity without first obtaining the appropriate
license.
(b) An applicant for a license issued under this Act shall
submit an application to the Division Board in the form the
Division Board requires. The applicant shall submit
fingerprints for a national criminal records check by the
Illinois Department of State Police and the Federal Bureau of
Investigation. The fingerprints shall be furnished by the
applicant's owners, officers, and directors (if a
corporation), managers and members (if a limited liability
company), and partners (if a partnership). The fingerprints
shall be accompanied by a signed authorization for the release
of information by the Federal Bureau of Investigation. The
Division Board may require additional background checks on
licensees when they apply for license renewal, and an
applicant convicted of a disqualifying offense shall not be
licensed.

SB2254 - 474 - LRB102 15486 SMS 20849 b
(c) Each master sports wagering licensee shall display the
license conspicuously in the licensee's place of business or
have the license available for inspection by an agent of the
Division Board or a law enforcement agency.
(d) Each holder of an occupational license shall carry the
license and have some indicia of licensure prominently
displayed on his or her person when present in a gaming
facility licensed under this Act at all times, in accordance
with the rules of the Division Board.
(e) Each person licensed under this Act shall give the
Division Board written notice within 30 days after a material
change to information provided in the licensee's application
for a license or renewal.
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
(230 ILCS 45/25-25)
Sec. 25-25. Sports wagering authorized.
(a) Notwithstanding any provision of law to the contrary,
the operation of sports wagering is only lawful when conducted
in accordance with the provisions of this Act and the rules of
the Department of Lottery and Gaming Illinois Gaming Board and
the Department of the Lottery.
(b) A person placing a wager under this Act shall be at
least 21 years of age.
(c) A licensee under this Act may not accept a wager on a
minor league sports event.

SB2254 - 475 - LRB102 15486 SMS 20849 b
(d) A licensee under this Act may not accept a wager for a
sports event involving an Illinois collegiate team.
(e) A licensee under this Act may only accept a wager from
a person physically located in the State.
(f) Master sports wagering licensees may use any data
source for determining the results of all tier 1 sports
wagers.
(g) A sports governing body headquartered in the United
States may notify the Division Board that it desires to supply
official league data to master sports wagering licensees for
determining the results of tier 2 sports wagers. Such
notification shall be made in the form and manner as the
Division Board may require. If a sports governing body does
not notify the Division Board of its desire to supply official
league data, a master sports wagering licensee may use any
data source for determining the results of any and all tier 2
sports wagers on sports contests for that sports governing
body.
Within 30 days of a sports governing body notifying the
Division Board, master sports wagering licensees shall use
only official league data to determine the results of tier 2
sports wagers on sports events sanctioned by that sports
governing body, unless: (1) the sports governing body or
designee cannot provide a feed of official league data to
determine the results of a particular type of tier 2 sports
wager, in which case master sports wagering licensees may use

SB2254 - 476 - LRB102 15486 SMS 20849 b
any data source for determining the results of the applicable
tier 2 sports wager until such time as such data feed becomes
available on commercially reasonable terms; or (2) a master
sports wagering licensee can demonstrate to the Division Board
that the sports governing body or its designee cannot provide
a feed of official league data to the master sports wagering
licensee on commercially reasonable terms. During the pendency
of the Division's Board's determination, such master sports
wagering licensee may use any data source for determining the
results of any and all tier 2 sports wagers.
(h) A licensee under this Act may not accept wagers on a
kindergarten through 12th grade sports event.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-30)
Sec. 25-30. Master sports wagering license issued to an
organization licensee.
(a) An organization licensee may apply to the Division
Board for a master sports wagering license. To the extent
permitted by federal and State law, the Division Board shall
actively seek to achieve racial, ethnic, and geographic
diversity when issuing master sports wagering licenses to
organization licensees and encourage minority-owned
businesses, women-owned businesses, veteran-owned businesses,
and businesses owned by persons with disabilities to apply for
licensure. Additionally, the report published under subsection

SB2254 - 477 - LRB102 15486 SMS 20849 b
(m) of Section 25-45 shall impact the issuance of the master
sports wagering license to the extent permitted by federal and
State law.
For the purposes of this subsection (a), "minority-owned
business", "women-owned business", and "business owned by
persons with disabilities" have the meanings given to those
terms in Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(b) Except as otherwise provided in this subsection (b),
the initial license fee for a master sports wagering license
for an organization licensee is 5% of its handle from the
preceding calendar year or the lowest amount that is required
to be paid as an initial license fee by an owners licensee
under subsection (b) of Section 25-35, whichever is greater.
No initial license fee shall exceed $10,000,000. An
organization licensee licensed on the effective date of this
Act shall pay the initial master sports wagering license fee
by July 1, 2021. For an organization licensee licensed after
the effective date of this Act, the master sports wagering
license fee shall be $5,000,000, but the amount shall be
adjusted 12 months after the organization licensee begins
racing operations based on 5% of its handle from the first 12
months of racing operations. The master sports wagering
license is valid for 4 years.
(c) The organization licensee may renew the master sports
wagering license for a period of 4 years by paying a $1,000,000

SB2254 - 478 - LRB102 15486 SMS 20849 b
renewal fee to the Division Board.
(d) An organization licensee issued a master sports
wagering license may conduct sports wagering:
(1) at its facility at which inter-track wagering is
conducted pursuant to an inter-track wagering license
under the Illinois Horse Racing Act of 1975;
(2) at 3 inter-track wagering locations if the
inter-track wagering location licensee from which it
derives its license is an organization licensee that is
issued a master sports wagering license; and
(3) over the Internet or through a mobile application.
(e) The sports wagering offered over the Internet or
through a mobile application shall only be offered under
either the same brand as the organization licensee is
operating under or a brand owned by a direct or indirect
holding company that owns at least an 80% interest in that
organization licensee on the effective date of this Act.
(f) Until issuance of the first license under Section
25-45, an individual must create a sports wagering account in
person at a facility under paragraph (1) or (2) of subsection
(d) to participate in sports wagering offered over the
Internet or through a mobile application.
(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
(230 ILCS 45/25-35)
Sec. 25-35. Master sports wagering license issued to an

SB2254 - 479 - LRB102 15486 SMS 20849 b
owners licensee.
(a) An owners licensee may apply to the Division Board for
a master sports wagering license. To the extent permitted by
federal and State law, the Division Board shall actively seek
to achieve racial, ethnic, and geographic diversity when
issuing master sports wagering licenses to owners licensees
and encourage minority-owned businesses, women-owned
businesses, veteran-owned businesses, and businesses owned by
persons with disabilities to apply for licensure.
Additionally, the report published under subsection (m) of
Section 25-45 shall impact the issuance of the master sports
wagering license to the extent permitted by federal and State
law.
For the purposes of this subsection (a), "minority-owned
business", "women-owned business", and "business owned by
persons with disabilities" have the meanings given to those
terms in Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(b) Except as otherwise provided in subsection (b-5), the
initial license fee for a master sports wagering license for
an owners licensee is 5% of its adjusted gross receipts from
the preceding calendar year. No initial license fee shall
exceed $10,000,000. An owners licensee licensed on the
effective date of this Act shall pay the initial master sports
wagering license fee by July 1, 2021. The master sports
wagering license is valid for 4 years.

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(b-5) For an owners licensee licensed after the effective
date of this Act, the master sports wagering license fee shall
be $5,000,000, but the amount shall be adjusted 12 months
after the owners licensee begins gambling operations under the
Illinois Gambling Act based on 5% of its adjusted gross
receipts from the first 12 months of gambling operations. The
master sports wagering license is valid for 4 years.
(c) The owners licensee may renew the master sports
wagering license for a period of 4 years by paying a $1,000,000
renewal fee to the Division Board.
(d) An owners licensee issued a master sports wagering
license may conduct sports wagering:
(1) at its facility in this State that is authorized
to conduct gambling operations under the Illinois Gambling
Act; and
(2) over the Internet or through a mobile application.
(e) The sports wagering offered over the Internet or
through a mobile application shall only be offered under
either the same brand as the owners licensee is operating
under or a brand owned by a direct or indirect holding company
that owns at least an 80% interest in that owners licensee on
the effective date of this Act.
(f) Until issuance of the first license under Section
25-45, an individual must create a sports wagering account in
person at a facility under paragraph (1) of subsection (d) to
participate in sports wagering offered over the Internet or

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through a mobile application.
(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
(230 ILCS 45/25-40)
Sec. 25-40. Master sports wagering license issued to a
sports facility.
(a) As used in this Section, "designee" means a master
sports wagering licensee under Section 25-30, 25-35, or 25-45
or a management services provider licensee.
(b) A sports facility or a designee contracted to operate
sports wagering at or within a 5-block radius of the sports
facility may apply to the Division Board for a master sports
wagering license. To the extent permitted by federal and State
law, the Division Board shall actively seek to achieve racial,
ethnic, and geographic diversity when issuing master sports
wagering licenses to sports facilities or their designees and
encourage minority-owned businesses, women-owned businesses,
veteran-owned businesses, and businesses owned by persons with
disabilities to apply for licensure. Additionally, the report
published under subsection (m) of Section 25-45 shall impact
the issuance of the master sports wagering license to the
extent permitted by federal and State law.
For the purposes of this subsection (b), "minority-owned
business", "women-owned business", and "business owned by
persons with disabilities" have the meanings given to those
terms in Section 2 of the Business Enterprise for Minorities,

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Women, and Persons with Disabilities Act.
(c) The Division Board may issue up to 7 master sports
wagering licenses to sports facilities or their designees that
meet the requirements for licensure as determined by rule by
the Division Board. If more than 7 qualified applicants apply
for a master sports wagering license under this Section, the
licenses shall be granted in the order in which the
applications were received. If a license is denied, revoked,
or not renewed, the Division Board may begin a new application
process and issue a license under this Section in the order in
which the application was received.
(d) The initial license fee for a master sports wagering
license for a sports facility is $10,000,000. The master
sports wagering license is valid for 4 years.
(e) The sports facility or its designee may renew the
master sports wagering license for a period of 4 years by
paying a $1,000,000 renewal fee to the Division Board.
(f) A sports facility or its designee issued a master
sports wagering license may conduct sports wagering at or
within a 5-block radius of the sports facility.
(g) A sports facility or its designee issued a master
sports wagering license may conduct sports wagering over the
Internet within the sports facility or within a 5-block radius
of the sports facility.
(h) The sports wagering offered by a sports facility or
its designee over the Internet or through a mobile application

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shall be offered under the same brand as the sports facility is
operating under, the brand the designee is operating under, or
a combination thereof.
(i) Until issuance of the first license under Section
25-45, an individual must register in person at a sports
facility or the designee's facility to participate in sports
wagering offered over the Internet or through a mobile
application.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-45)
Sec. 25-45. Master sports wagering license issued to an
online sports wagering operator.
(a) The Division Board shall issue 3 master sports
wagering licenses to online sports wagering operators for a
nonrefundable license fee of $20,000,000 pursuant to an open
and competitive selection process. The master sports wagering
license issued under this Section may be renewed every 4 years
upon payment of a $1,000,000 renewal fee. To the extent
permitted by federal and State law, the Division Board shall
actively seek to achieve racial, ethnic, and geographic
diversity when issuing master sports wagering licenses under
this Section and encourage minority-owned businesses,
women-owned businesses, veteran-owned businesses, and
businesses owned by persons with disabilities to apply for
licensure.

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For the purposes of this subsection (a), "minority-owned
business", "women-owned business", and "business owned by
persons with disabilities" have the meanings given to those
terms in Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(b) Applications for the initial competitive selection
occurring after the effective date of this Act shall be
received by the Division Board within 540 days after the first
license is issued under this Act to qualify. The Division
Board shall announce the winning bidders for the initial
competitive selection within 630 days after the first license
is issued under this Act, and this time frame may be extended
at the discretion of the Division Board.
(c) The Division Board shall provide public notice of its
intent to solicit applications for master sports wagering
licenses under this Section by posting the notice, application
instructions, and materials on its website for at least 30
calendar days before the applications are due. Failure by an
applicant to submit all required information may result in the
application being disqualified. The Division Board may notify
an applicant that its application is incomplete and provide an
opportunity to cure by rule. Application instructions shall
include a brief overview of the selection process and how
applications are scored.
(d) To be eligible for a master sports wagering license
under this Section, an applicant must: (1) be at least 21 years

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of age; (2) not have been convicted of a felony offense or a
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar statute of any other
jurisdiction; (3) not have been convicted of a crime involving
dishonesty or moral turpitude; (4) have demonstrated a level
of skill or knowledge that the Division Board determines to be
necessary in order to operate sports wagering; and (5) have
met standards for the holding of a license as adopted by rules
of the Division Board.
The Division Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of sports wagering in this State and to promote and
maintain a competitive sports wagering market. After the close
of the application period, the Division Board shall determine
whether the applications meet the mandatory minimum
qualification criteria and conduct a comprehensive, fair, and
impartial evaluation of all qualified applications.
(e) The Division Board shall open all qualified
applications in a public forum and disclose the applicants'
names. The Division Board shall summarize the terms of the
proposals and make the summaries available to the public on
its website.
(f) Not more than 90 days after the publication of the
qualified applications, the Division Board shall identify the
winning bidders. In granting the licenses, the Division Board
may give favorable consideration to qualified applicants

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presenting plans that provide for economic development and
community engagement. To the extent permitted by federal and
State law, the Division Board may give favorable consideration
to qualified applicants demonstrating commitment to diversity
in the workplace.
(g) Upon selection of the winning bidders, the Division
Board shall have a reasonable period of time to ensure
compliance with all applicable statutory and regulatory
criteria before issuing the licenses. If the Division Board
determines a winning bidder does not satisfy all applicable
statutory and regulatory criteria, the Division Board shall
select another bidder from the remaining qualified applicants.
(h) Nothing in this Section is intended to confer a
property or other right, duty, privilege, or interest
entitling an applicant to an administrative hearing upon
denial of an application.
(i) Upon issuance of a master sports wagering license to a
winning bidder, the information and plans provided in the
application become a condition of the license. A master sports
wagering licensee under this Section has a duty to disclose
any material changes to the application. Failure to comply
with the conditions or requirements in the application may
subject the master sports wagering licensee under this Section
to discipline, including, but not limited to, fines,
suspension, and revocation of its license, pursuant to rules
adopted by the Division Board.

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(j) The Division Board shall disseminate information about
the licensing process through media demonstrated to reach
large numbers of business owners and entrepreneurs who are
minorities, women, veterans, and persons with disabilities.
(k) The Department of Commerce and Economic Opportunity,
in conjunction with the Division Board, shall conduct ongoing,
thorough, and comprehensive outreach to businesses owned by
minorities, women, veterans, and persons with disabilities
about contracting and entrepreneurial opportunities in sports
wagering. This outreach shall include, but not be limited to:
(1) cooperating and collaborating with other State
boards, commissions, and agencies; public and private
universities and community colleges; and local governments
to target outreach efforts; and
(2) working with organizations serving minorities,
women, and persons with disabilities to establish and
conduct training for employment in sports wagering.
(l) The Division Board shall partner with the Department
of Labor, the Department of Financial and Professional
Regulation, and the Department of Commerce and Economic
Opportunity to identify employment opportunities within the
sports wagering industry for job seekers and dislocated
workers.
(m) By March 1, 2020, the Division Board shall prepare a
request for proposals to conduct a study of the online sports
wagering industry and market to determine whether there is a

SB2254 - 488 - LRB102 15486 SMS 20849 b
compelling interest in implementing remedial measures,
including the application of the Business Enterprise Program
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act or a similar program to assist
minorities, women, and persons with disabilities in the sports
wagering industry.
As a part of the study, the Division Board shall evaluate
race and gender-neutral programs or other methods that may be
used to address the needs of minority and women applicants and
minority-owned and women-owned businesses seeking to
participate in the sports wagering industry. The Division
Board shall submit to the General Assembly and publish on its
website the results of this study by August 1, 2020.
If, as a result of the study conducted under this
subsection (m), the Division Board finds that there is a
compelling interest in implementing remedial measures, the
Division Board may adopt rules, including emergency rules, to
implement remedial measures, if necessary and to the extent
permitted by State and federal law, based on the findings of
the study conducted under this subsection (m).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-50)
Sec. 25-50. Supplier license.
(a) The Division Board may issue a supplier license to a
person to sell or lease sports wagering equipment, systems, or

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other gaming items to conduct sports wagering and offer
services related to the equipment or other gaming items and
data to a master sports wagering licensee while the license is
active.
(b) The Division Board may adopt rules establishing
additional requirements for a supplier and any system or other
equipment utilized for sports wagering. The Division Board may
accept licensing by another jurisdiction that it specifically
determines to have similar licensing requirements as evidence
the applicant meets supplier licensing requirements.
(c) An applicant for a supplier license shall demonstrate
that the equipment, system, or services that the applicant
plans to offer to the master sports wagering licensee conforms
to standards established by the Division Board and applicable
State law. The Division Board may accept approval by another
jurisdiction that it specifically determines have similar
equipment standards as evidence the applicant meets the
standards established by the Division Board and applicable
State law.
(d) Applicants shall pay to the Division Board a
nonrefundable license and application fee in the amount of
$150,000. After the initial 4-year term, the Division Board
shall renew supplier licenses annually thereafter. Renewal of
a supplier license shall be granted to a renewal applicant who
has continued to comply with all applicable statutory and
regulatory requirements, upon submission of the

SB2254 - 490 - LRB102 15486 SMS 20849 b
Division-issued Board-issued renewal form and payment of a
$150,000 renewal fee.
(e) A supplier shall submit to the Division Board a list of
all sports wagering equipment and services sold, delivered, or
offered to a master sports wagering licensee in this State, as
required by the Division Board, all of which must be tested and
approved by an independent testing laboratory approved by the
Division Board. A master sports wagering licensee may continue
to use supplies acquired from a licensed supplier, even if a
supplier's license expires or is otherwise canceled, unless
the Division Board finds a defect in the supplies.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-55)
Sec. 25-55. Management services provider license.
(a) A master sports wagering licensee may contract with an
entity to conduct that operation in accordance with the rules
of the Division Board and the provisions of this Act. That
entity shall obtain a license as a management services
provider before the execution of any such contract, and the
management services provider license shall be issued pursuant
to the provisions of this Act and any rules adopted by the
Division Board.
(b) Each applicant for a management services provider
license shall meet all requirements for licensure and pay a
nonrefundable license and application fee of $1,000,000. The

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Division Board may adopt rules establishing additional
requirements for an authorized management services provider.
The Division Board may accept licensing by another
jurisdiction that it specifically determines to have similar
licensing requirements as evidence the applicant meets
authorized management services provider licensing
requirements.
(c) Management services provider licenses shall be renewed
every 4 years to licensees who continue to be in compliance
with all requirements and who pay the renewal fee of $500,000.
(d) A person who shares in revenue shall be licensed under
this Section.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-60)
Sec. 25-60. Tier 2 official league data provider license.
(a) A sports governing body or a sports league,
organization, or association or a vendor authorized by such
sports governing body or sports league, organization, or
association to distribute tier 2 official league data may
apply to the Division Board for a tier 2 official league data
provider license.
(b) A tier 2 official league data provider licensee may
provide a master sports wagering licensee with official league
data for tier 2 sports wagers. No sports governing body or
sports league, organization, or association or a vendor

SB2254 - 492 - LRB102 15486 SMS 20849 b
authorized by such sports governing body or sports league,
organization, or association may provide tier 2 official
league data to a master sports wagering licensee without a
tier 2 official league data provider license.
Notwithstanding the provisions of this Section, the
licensing and fee requirements of this Section shall not apply
if, under subsection (g) of Section 25-25, master sports
wagering licensees are not required to use official league
data to determine the results of tier 2 sports wagers.
(c) The initial license fee for a tier 2 official league
data provider license is payable to the Division Board at the
end of the first year of licensure based on the amount of data
sold to master sports wagering licensees as official league
data as follows:
(1) for data sales up to and including $500,000, the
fee is $30,000;
(2) for data sales in excess of $500,000 and up to and
including $750,000, the fee is $60,000;
(3) for data sales in excess of $750,000 and up to and
including $1,000,000, the fee is $125,000;
(4) for data sales in excess of $1,000,000 and up to
and including $1,500,000, the fee is $250,000;
(5) for data sales in excess of $1,500,000 and up to
and including $2,000,000, the fee is $375,000; and
(6) for data sales in excess of $2,000,000, the fee is
$500,000.

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The license is valid for 3 years.
(d) The tier 2 official league data provider licensee may
renew the license for 3 years by paying a renewal fee to the
Division Board based on the amount of data sold to master
sports wagering licensees as official league data in the
immediately preceding year as provided in paragraphs (1)
through (6) of subsection (c).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-70)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25-70. Lottery sports wagering pilot program.
(a) As used in this Section:
"Central system" means the hardware, software,
peripherals, and network components provided by the
Department's central system provider that link and support all
required sports lottery terminals and the central site and
that are unique and separate from the lottery central system
for draw and instant games.
"Central system provider" means an individual,
partnership, corporation, or limited liability company that
has been licensed for the purpose of providing and maintaining
a central system and the related management facilities
specifically for the management of sports lottery terminals.
"Electronic card" means a card purchased from a lottery
retailer.

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"Lottery retailer" means a location licensed by the
Department to sell lottery tickets or shares.
"Sports lottery systems" means systems provided by the
central system provider consisting of sports wagering
products, risk management, operations, and support services.
"Sports lottery terminal" means a terminal linked to the
central system in which bills or coins are deposited or an
electronic card is inserted in order to place wagers on a
sports event and lottery offerings.
(b) The Department shall issue one central system provider
license pursuant to an open and competitive bidding process
that uses the following procedures:
(1) The Department shall make applications for the
central system provider license available to the public
and allow a reasonable time for applicants to submit
applications to the Department.
(2) During the filing period for central system
provider license applications, the Department may retain
professional services to assist the Department in
conducting the open and competitive bidding process.
(3) After receiving all of the bid proposals, the
Department shall open all of the proposals in a public
forum and disclose the prospective central system provider
names and venture partners, if any.
(4) The Department shall summarize the terms of the
bid proposals and may make this summary available to the

SB2254 - 495 - LRB102 15486 SMS 20849 b
public.
(5) The Department shall evaluate the bid proposals
within a reasonable time and select no more than 3 final
applicants to make presentations of their bid proposals to
the Department.
(6) The final applicants shall make their
presentations to the Department on the same day during an
open session of the Department.
(7) As soon as practicable after the public
presentations by the final applicants, the Department, in
its discretion, may conduct further negotiations among the
3 final applicants. At the conclusion of such
negotiations, the Department shall select the winning bid.
(8) Upon selection of the winning bid, the Department
shall evaluate the winning bid within a reasonable period
of time for licensee suitability in accordance with all
applicable statutory and regulatory criteria.
(9) If the winning bidder is unable or otherwise fails
to consummate the transaction, (including if the
Department determines that the winning bidder does not
satisfy the suitability requirements), the Department may,
on the same criteria, select from the remaining bidders.
(10) The winning bidder shall pay $20,000,000 to the
Department upon being issued the central system provider
license.
(c) Every sports lottery terminal offered in this State

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for play shall first be tested and approved pursuant to the
rules of the Department, and each sports lottery terminal
offered in this State for play shall conform to an approved
model. For the examination of sports lottery terminals and
associated equipment as required by this Section, the central
system provider may utilize the services of one or more
independent outside testing laboratories that have been
accredited by a national accreditation body and that, in the
judgment of the Department, are qualified to perform such
examinations. Every sports lottery terminal offered in this
State for play must meet minimum standards set by an
independent outside testing laboratory approved by the
Department.
(d) During the first 360 days after the effective date of
this Act, sport lottery terminals may be placed in no more than
2,500 Lottery retail locations in the State. Sports lottery
terminals may be placed in an additional 2,500 Lottery retail
locations during the second year after the effective date of
this Act.
(e) A sports lottery terminal may not directly dispense
coins, cash, tokens, or any other article of exchange or value
except for receipt tickets. Tickets shall be dispensed by
pressing the ticket dispensing button on the sports lottery
terminal at the end of the placement of one's wager or wagers.
The ticket shall indicate the total amount wagered, odds for
each wager placed, and the cash award for each bet placed, the

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time of day in a 24-hour format showing hours and minutes, the
date, the terminal serial number, the sequential number of the
ticket, and an encrypted validation number from which the
validity of the prize may be determined. The player shall turn
in this ticket to the appropriate person at a lottery retailer
to receive the cash award.
(f) No lottery retailer may cause or permit any person
under the age of 21 years to use a sports lottery terminal or
sports wagering application. A lottery retailer who knowingly
causes or permits a person under the age of 21 years to use a
sports lottery terminal or sports wagering application is
guilty of a business offense and shall be fined an amount not
to exceed $5,000.
(g) A sports lottery terminal shall only accept parlay
wagers and fixed odds parlay wagers. The Department shall, by
rule, establish the total amount, as a percentage, of all
wagers placed that a lottery retailer may retain.
(h) The Department shall have jurisdiction over and shall
supervise all lottery sports wagering operations governed by
this Section. The Department shall have all powers necessary
and proper to fully and effectively execute the provisions of
this Section, including, but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.

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(2) To have jurisdiction and supervision over all
lottery sports wagering operations in this State.
(3) To adopt rules for the purpose of administering
the provisions of this Section and to adopt rules and
conditions under which all lottery sports wagering in the
State shall be conducted. Such rules are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of lottery sports
wagering, including rules (i) regarding the inspection of
such licensees necessary to operate a lottery retailer
under any laws or rules applicable to licensees, (ii) to
impose penalties for violations of the Act and its rules,
and (iii) establishing standards for advertising lottery
sports wagering.
(i) The Department shall adopt emergency rules to
administer this Section in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For the purposes of the
Illinois Administrative Procedure Act, the General Assembly
finds that the adoption of rules to implement this Section is
deemed an emergency and necessary to the public interest,
safety, and welfare.
(j) For the privilege of operating lottery sports wagering
under this Section, all proceeds minus net of proceeds
returned to players shall be electronically transferred daily
or weekly, at the discretion of the Director of the Lottery,
into the State Lottery Fund. After amounts owed to the central

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system provider and licensed agents, as determined by the
Department, are paid from the moneys deposited into the State
Lottery Fund under this subsection, the remainder shall be
transferred on the 15th of each month to the Capital Projects
Fund.
(k) This Section is repealed on January 1, 2024.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-75)
Sec. 25-75. Reporting prohibited conduct; investigations
of prohibited conduct.
(a) The Division Board shall establish a hotline or other
method of communication that allows any person to
confidentially report information about prohibited conduct to
the Division Board.
(b) The Division Board shall investigate all reasonable
allegations of prohibited conduct and refer any allegations it
deems credible to the appropriate law enforcement entity.
(c) The identity of any reporting person shall remain
confidential unless that person authorizes disclosure of his
or her identity or until such time as the allegation of
prohibited conduct is referred to law enforcement.
(d) If the Division Board receives a complaint of
prohibited conduct by an athlete, the Division Board shall
notify the appropriate sports governing body of the athlete to
review the complaint as provided by rule.

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(e) The Division Board shall adopt emergency rules to
administer this Section in accordance with Section 5-45 of the
Illinois Administrative Procedure Act.
(f) The Division Board shall adopt rules governing
investigations of prohibited conduct and referrals to law
enforcement entities.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-85)
Sec. 25-85. Supplier diversity goals for sports wagering.
(a) As used in this Section only, "licensee" means a
licensee under this Act other than an occupational licensee.
(b) The public policy of this State is to collaboratively
work with companies that serve Illinois residents to improve
their supplier diversity in a non-antagonistic manner.
(c) The Board and the Department shall require all
licensees under this Act to submit an annual report by April
15, 2020 and every April 15 thereafter, in a searchable Adobe
PDF format, on all procurement goals and actual spending for
businesses owned by women, minorities, veterans, and persons
with disabilities and small business enterprises in the
previous calendar year. These goals shall be expressed as a
percentage of the total work performed by the entity
submitting the report, and the actual spending for all
businesses owned by women, minorities, veterans, and persons
with disabilities and small business enterprises shall also be

SB2254 - 501 - LRB102 15486 SMS 20849 b
expressed as a percentage of the total work performed by the
entity submitting the report.
(d) Each licensee in its annual report shall include the
following information:
(1) an explanation of the plan for the next year to
increase participation;
(2) an explanation of the plan to increase the goals;
(3) the areas of procurement each licensee shall be
actively seeking more participation in the next year;
(4) an outline of the plan to alert and encourage
potential vendors in that area to seek business from the
licensee;
(5) an explanation of the challenges faced in finding
quality vendors and offer any suggestions for what the
Division Board could do to be helpful to identify those
vendors;
(6) a list of the certifications the licensee
recognizes;
(7) the point of contact for any potential vendor who
wishes to do business with the licensee and explain the
process for a vendor to enroll with the licensee as a
businesses owned by women, minorities, veterans, or
persons with disabilities; and
(8) any particular success stories to encourage other
licensee to emulate best practices.
(e) Each annual report shall include as much

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State-specific data as possible. If the submitting entity does
not submit State-specific data, then the licensee shall
include any national data it does have and explain why it could
not submit State-specific data and how it intends to do so in
future reports, if possible.
(f) Each annual report shall include the rules,
regulations, and definitions used for the procurement goals in
the licensee's annual report.
(g) The Division Board, Department, and all licensees
shall hold an annual workshop and job fair open to the public
in 2020 and every year thereafter on the state of supplier
diversity to collaboratively seek solutions to structural
impediments to achieving stated goals, including testimony
from each licensee as well as subject matter experts and
advocates. The Board and Department shall publish a database
on its website their websites of the point of contact for
licensees they regulate under this Act for supplier diversity,
along with a list of certifications each licensee recognizes
from the information submitted in each annual report. The
Board and Department shall publish each annual report on its
website their websites and shall maintain each annual report
for at least 5 years.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-90)
Sec. 25-90. Tax; Sports Wagering Fund.

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(a) For the privilege of holding a license to operate
sports wagering under this Act, this State shall impose and
collect 15% of a master sports wagering licensee's adjusted
gross sports wagering receipts from sports wagering. The
accrual method of accounting shall be used for purposes of
calculating the amount of the tax owed by the licensee.
The taxes levied and collected pursuant to this subsection
(a) are due and payable to the Division Board no later than the
last day of the month following the calendar month in which the
adjusted gross sports wagering receipts were received and the
tax obligation was accrued.
(a-5) In addition to the tax imposed under subsection (a)
of this Section, for the privilege of holding a license to
operate sports wagering under this Act, the State shall impose
and collect 2% of the adjusted gross receipts from sports
wagers that are placed within a home rule county with a
population of over 3,000,000 inhabitants, which shall be paid,
subject to appropriation from the General Assembly, from the
Sports Wagering Fund to that home rule county for the purpose
of enhancing the county's criminal justice system.
(b) The Sports Wagering Fund is hereby created as special
fund in the State treasury. Except as otherwise provided in
this Act, all moneys collected under this Act by the Division
Board shall be deposited into the Sports Wagering Fund. On the
25th of each month, any moneys remaining in the Sports
Wagering Fund shall be transferred to the Capital Projects

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Fund.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-100)
Sec. 25-100. Voluntary self-exclusion program for sports
wagering. Any resident, or non-resident if allowed to
participate in sports wagering, may voluntarily prohibit
himself or herself from establishing a sports wagering account
with a licensee under this Act. The Board and Department shall
incorporate the voluntary self-exclusion program for sports
wagering into any existing self-exclusion program that it
operates on the effective date of this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 45/25-105)
Sec. 25-105. Report to General Assembly. On or before
January 15, 2021 and every January 15 thereafter, the Division
Board shall provide a report to the General Assembly on sports
wagering conducted under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 140. The State Fair Gaming Act is amended by
changing Sections 30-5, 30-10, 30-20, and 30-25 as follows:
(230 ILCS 50/30-5)
Sec. 30-5. Definitions. As used in this Act:

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"Board" means the Illinois Gaming Board.
"Department" means the Department of Agriculture.
"Division" means the Division of Video Gaming of the
Department of Lottery and Gaming.
"State Fair" has the meaning given to that term in the
State Fair Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
(230 ILCS 50/30-10)
Sec. 30-10. Gaming at the State Fair.
(a) The Division Board shall issue a licensed
establishment license to the Department to operate video
gaming at the Illinois State Fairgrounds and at the DuQuoin
State Fairgrounds. The Department shall select, under the
Illinois Procurement Code, Division-licensed Board-licensed
terminal operators for an operational period not to exceed 3
years. At the conclusion of each 3-year cycle, the Illinois
Procurement Code shall be used to determine the new terminal
operators.
(b) Moneys bid by the terminal operators shall be
deposited into the State Fairgrounds Capital Improvements and
Harness Racing Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
(230 ILCS 50/30-20)
Sec. 30-20. Revenue.

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(a) Notwithstanding any other law to the contrary, a tax
is imposed at the rate of 35% of net terminal income received
from video gaming under this Act, which shall be remitted to
the Division Board and deposited into the State Fairgrounds
Capital Improvements and Harness Racing Fund.
(b) There is created within the State treasury the State
Fairgrounds Capital Improvements and Harness Racing Fund. The
Department of Agriculture shall use moneys in the State
Fairgrounds Capital Improvements and Harness Racing Fund as
follows and in the order of priority:
(1) to provide support for a harness race meeting
produced by an organization licensee under the Illinois
Horse Racing Act of 1975 and which shall consist of up to
30 days of live racing per year at the Illinois State
Fairgrounds in Springfield;
(2) to repair and rehabilitate fairgrounds'
backstretch facilities to such a level as determined by
the Department of Agriculture to be required to carry out
a program of live harness racing; and
(3) for the overall repair and rehabilitation of the
capital infrastructure of: (i) the Illinois State
Fairgrounds in Springfield, and (ii) the DuQuoin State
Fairgrounds in DuQuoin, and for no other purpose.
Notwithstanding any other law to the contrary, the entire
State share of tax revenues from the race meetings under
paragraph (1) of this subsection (c) shall be reinvested into

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the State Fairgrounds Capital Improvements and Harness Racing
Fund.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 50/30-25)
Sec. 30-25. Rules. The Division Board and the Department
of Agriculture may adopt rules for the implementation of this
Act.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 145. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to

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consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the

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public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to

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individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public

SB2254 - 511 - LRB102 15486 SMS 20849 b
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters

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classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid

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Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created

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under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of any Division of the Department of Lottery
and Gaming the Illinois Gaming Board in which there is
discussed any of the following: (i) personal, commercial,
financial, or other information obtained from any source
that is privileged, proprietary, confidential, or a trade
secret; or (ii) information specifically exempted from the
disclosure by federal or State law.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include

SB2254 - 515 - LRB102 15486 SMS 20849 b
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; revised 9-27-19.)
Section 150. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,

SB2254 - 516 - LRB102 15486 SMS 20849 b
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)

SB2254 - 517 - LRB102 15486 SMS 20849 b
designated by the Board as the representative of a majority of
public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative of
the employees in an appropriate bargaining unit, (iii) after
July 1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the employees in an
appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to the effective date of this amendatory Act of
the 93rd General Assembly, and the organization shall be
considered to be the exclusive representative of the personal
assistants as defined in this Section; or (v) recognized as
the exclusive representative of child and day care home
providers, including licensed and license exempt providers,
pursuant to an election held under Executive Order 2005-1
prior to the effective date of this amendatory Act of the 94th
General Assembly, and the organization shall be considered to
be the exclusive representative of the child and day care home
providers as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,

SB2254 - 518 - LRB102 15486 SMS 20849 b
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire
fighters in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after
January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for
the workers of a water system that was owned by a public
utility, as defined in Section 3-105 of the Public Utilities
Act, prior to becoming certified employees of a municipality
or municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the

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appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any
of the employees in a collective bargaining unit are required
to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire

SB2254 - 520 - LRB102 15486 SMS 20849 b
fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes but is not limited to
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an

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employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State
of Illinois for the purpose of influencing any legislative
action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a
bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after April 5, 2013 (the effective date of Public
Act 97-1172), or (iii) for which a petition is pending before
the Illinois Public Labor Relations Board on that date,
"managerial employee" means an individual who is engaged in
executive and management functions or who is charged with the
effectuation of management policies and practices or who
represents management interests by taking or recommending
discretionary actions that effectively control or implement
policy. Nothing in this definition prohibits an individual
from also meeting the definition of "supervisor" under

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subsection (r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section
3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of

SB2254 - 523 - LRB102 15486 SMS 20849 b
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal assistants working
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, subject to

SB2254 - 524 - LRB102 15486 SMS 20849 b
the limitations set forth in this Act and in the
Rehabilitation of Persons with Disabilities Act, (iii) as of
the effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, (iv) as of January 29, 2013 (the
effective date of Public Act 97-1158), but not before except
as otherwise provided in this subsection (n), home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter
whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, (v)
beginning on the effective date of this amendatory Act of the
98th General Assembly and notwithstanding any other provision
of this Act, any person employed by a public employer and who
is classified as or who holds the employment title of Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,

SB2254 - 525 - LRB102 15486 SMS 20849 b
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before the effective date of this
amendatory Act of the 98th General Assembly, and (vi)
beginning on the effective date of this amendatory Act of the
98th General Assembly and notwithstanding any other provision
of this Act, any mental health administrator in the Department
of Corrections who is classified as or who holds the position
of Public Service Administrator (Option 8K), any employee of
the Office of the Inspector General in the Department of Human
Services who is classified as or who holds the position of
Public Service Administrator (Option 7), any Deputy of
Intelligence in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 7), and any employee of the Department
of State Police who handles issues concerning the Illinois
State Police Sex Offender Registry and who is classified as or
holds the position of Public Service Administrator (Option 7),
but excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special

SB2254 - 526 - LRB102 15486 SMS 20849 b
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; legislative liaisons; a
person who is a State employee under the jurisdiction of the
Office of the Attorney General who is licensed to practice law
or whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation; a person who is a State employee under
the jurisdiction of the Office of the Comptroller who holds
the position of Public Service Administrator or whose position
is otherwise exempt under the Comptroller Merit Employment

SB2254 - 527 - LRB102 15486 SMS 20849 b
Code; a person who is a State employee under the jurisdiction
of the Secretary of State who holds the position
classification of Executive I or higher, whose position
authorizes, either directly or indirectly, meaningful input
into government decision-making on issues where there is room
for principled disagreement on goals or their implementation,
or who is otherwise exempt under the Secretary of State Merit
Employment Code; employees in the Office of the Secretary of
State who are completely exempt from jurisdiction B of the
Secretary of State Merit Employment Code and who are in
Rutan-exempt positions on or after April 5, 2013 (the
effective date of Public Act 97-1172); a person who is a State
employee under the jurisdiction of the Treasurer who holds a
position that is exempt from the State Treasurer Employment
Code; any employee of a State agency who (i) holds the title or
position of, or exercises substantially similar duties as a
legislative liaison, Agency General Counsel, Agency Chief of
Staff, Agency Executive Director, Agency Deputy Director,
Agency Chief Fiscal Officer, Agency Human Resources Director,
Public Information Officer, or Chief Information Officer and
(ii) was neither included in a bargaining unit nor subject to
an active petition for certification in a bargaining unit; any
employee of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active

SB2254 - 528 - LRB102 15486 SMS 20849 b
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in this amendatory Act of the 94th General Assembly,
including but not limited to, purposes of vicarious liability

SB2254 - 529 - LRB102 15486 SMS 20849 b
in tort and purposes of statutory retirement or health
insurance benefits. Child and day care home providers shall
not be covered by the State Employees Group Insurance Act of
1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act. As of January 29, 2013 (the effective date
of Public Act 97-1158), but not before except as otherwise
provided in this subsection (o), the State shall be considered
the employer of home care and home health workers who function

SB2254 - 530 - LRB102 15486 SMS 20849 b
as personal assistants and individual maintenance home health
workers and who also work under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, no matter whether the State provides those
services through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, but subject to the limitations set
forth in this Act and the Rehabilitation of Persons with
Disabilities Act. The State shall not be considered to be the
employer of home care and home health workers who function as
personal assistants and individual maintenance home health
workers and who also work under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, for any purposes not specifically provided
for in Public Act 93-204 or Public Act 97-1158, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be covered by the State Employees Group Insurance Act of
1971 (5 ILCS 375/). As of the effective date of this amendatory
Act of the 94th General Assembly but not before, the State of
Illinois shall be considered the employer of the day and child
care home providers participating in the child care assistance

SB2254 - 531 - LRB102 15486 SMS 20849 b
program under Section 9A-11 of the Illinois Public Aid Code,
subject to the limitations set forth in this Act and in Section
9A-11 of the Illinois Public Aid Code. The State shall not be
considered to be the employer of child and day care home
providers for any purposes not specifically provided for in
this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort
and purposes of statutory retirement or health insurance
benefits. Child and day care home providers shall not be
covered by the State Employees Group Insurance Act of 1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General

SB2254 - 532 - LRB102 15486 SMS 20849 b
Assembly. County boards and county sheriffs shall be
designated as joint or co-employers of county peace officers
appointed under the authority of a county sheriff. Nothing in
this subsection (o) shall be construed to prevent the State
Panel or the Local Panel from determining that employers are
joint or co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at

SB2254 - 533 - LRB102 15486 SMS 20849 b
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Department of Lottery and Gaming Illinois Racing Board, and
the Department of State Police Merit Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with

SB2254 - 534 - LRB102 15486 SMS 20849 b
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law
enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire

SB2254 - 535 - LRB102 15486 SMS 20849 b
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the
persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department

SB2254 - 536 - LRB102 15486 SMS 20849 b
of State Police, a bargaining unit determined by the Board
shall not include both employees and supervisors, or
supervisors only, except as provided in paragraph (2) of this
subsection (s) and except for bargaining units in existence on
July 1, 1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, a bargaining unit determined by the Board shall not
include both supervisors and nonsupervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on January 1,
1986 (the effective date of this amendatory Act of 1985). A
bargaining unit determined by the Board to contain peace
officers shall contain no employees other than peace officers
unless otherwise agreed to by the employer and the labor
organization or labor organizations involved. Notwithstanding
any other provision of this Act, a bargaining unit, including
a historical bargaining unit, containing sworn peace officers
of the Department of Natural Resources (formerly designated
the Department of Conservation) shall contain no employees
other than such sworn peace officers upon the effective date
of this amendatory Act of 1990 or upon the expiration date of
any collective bargaining agreement in effect upon the
effective date of this amendatory Act of 1990 covering both
such sworn peace officers and other employees.

SB2254 - 537 - LRB102 15486 SMS 20849 b
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;

SB2254 - 538 - LRB102 15486 SMS 20849 b
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
Section 155. The State Officials and Employees Ethics Act
is amended by changing Sections 5-45 and 5-50 as follows:
(5 ILCS 430/5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or
spouse or immediate family member living with such person,
shall, within a period of one year immediately after
termination of State employment, knowingly accept employment
or receive compensation or fees for services from a person or
entity if the officer, member, or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in the award of
State contracts, or the issuance of State contract change
orders, with a cumulative value of $25,000 or more to the
person or entity, or its parent or subsidiary.
(a-5) No officer, member, or spouse or immediate family
member living with such person shall, during the officer or
member's term in office or within a period of 2 years

SB2254 - 539 - LRB102 15486 SMS 20849 b
immediately leaving office, hold an ownership interest, other
than a passive interest in a publicly traded company, in any
gaming license under the Illinois Gambling Act, the Video
Gaming Act, the Illinois Horse Racing Act of 1975, or the
Sports Wagering Act. Any member of the General Assembly or
spouse or immediate family member living with such person who
has an ownership interest, other than a passive interest in a
publicly traded company, in any gaming license under the
Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
the Video Gaming Act, or the Sports Wagering Act at the time of
the effective date of this amendatory Act of the 101st General
Assembly shall divest himself or herself of such ownership
within one year after the effective date of this amendatory
Act of the 101st General Assembly. No State employee who works
for the Department of Lottery and Gaming Illinois Gaming Board
or Illinois Racing Board or spouse or immediate family member
living with such person shall, during State employment or
within a period of 2 years immediately after termination of
State employment, hold an ownership interest, other than a
passive interest in a publicly traded company, in any gaming
license under the Illinois Gambling Act, the Video Gaming Act,
the Illinois Horse Racing Act of 1975, or the Sports Wagering
Act.
(a-10) This subsection (a-10) applies on and after June
25, 2021. No officer, member, or spouse or immediate family
member living with such person, shall, during the officer or

SB2254 - 540 - LRB102 15486 SMS 20849 b
member's term in office or within a period of 2 years
immediately after leaving office, hold an ownership interest,
other than a passive interest in a publicly traded company, in
any cannabis business establishment which is licensed under
the Cannabis Regulation and Tax Act. Any member of the General
Assembly or spouse or immediate family member living with such
person who has an ownership interest, other than a passive
interest in a publicly traded company, in any cannabis
business establishment which is licensed under the Cannabis
Regulation and Tax Act at the time of the effective date of
this amendatory Act of the 101st General Assembly shall divest
himself or herself of such ownership within one year after the
effective date of this amendatory Act of the 101st General
Assembly.
No State employee who works for any State agency that
regulates cannabis business establishment license holders who
participated personally and substantially in the award of
licenses under the Cannabis Regulation and Tax Act or a spouse
or immediate family member living with such person shall,
during State employment or within a period of 2 years
immediately after termination of State employment, hold an
ownership interest, other than a passive interest in a
publicly traded company, in any cannabis license under the
Cannabis Regulation and Tax Act.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing

SB2254 - 541 - LRB102 15486 SMS 20849 b
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately
after termination of State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the officer or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in making a
regulatory or licensing decision that directly applied to the
person or entity, or its parent or subsidiary.
(c) Within 6 months after the effective date of this
amendatory Act of the 96th General Assembly, each executive
branch constitutional officer and legislative leader, the
Auditor General, and the Joint Committee on Legislative
Support Services shall adopt a policy delineating which State
positions under his or her jurisdiction and control, by the
nature of their duties, may have the authority to participate
personally and substantially in the award of State contracts
or in regulatory or licensing decisions. The Governor shall
adopt such a policy for all State employees of the executive
branch not under the jurisdiction and control of any other
executive branch constitutional officer.
The policies required under subsection (c) of this Section
shall be filed with the appropriate ethics commission
established under this Act or, for the Auditor General, with
the Office of the Auditor General.
(d) Each Inspector General shall have the authority to

SB2254 - 542 - LRB102 15486 SMS 20849 b
determine that additional State positions under his or her
jurisdiction, not otherwise subject to the policies required
by subsection (c) of this Section, are nonetheless subject to
the notification requirement of subsection (f) below due to
their involvement in the award of State contracts or in
regulatory or licensing decisions.
(e) The Joint Committee on Legislative Support Services,
the Auditor General, and each of the executive branch
constitutional officers and legislative leaders subject to
subsection (c) of this Section shall provide written
notification to all employees in positions subject to the
policies required by subsection (c) or a determination made
under subsection (d): (1) upon hiring, promotion, or transfer
into the relevant position; and (2) at the time the employee's
duties are changed in such a way as to qualify that employee.
An employee receiving notification must certify in writing
that the person was advised of the prohibition and the
requirement to notify the appropriate Inspector General in
subsection (f).
(f) Any State employee in a position subject to the
policies required by subsection (c) or to a determination
under subsection (d), but who does not fall within the
prohibition of subsection (h) below, who is offered non-State
employment during State employment or within a period of one
year immediately after termination of State employment shall,
prior to accepting such non-State employment, notify the

SB2254 - 543 - LRB102 15486 SMS 20849 b
appropriate Inspector General. Within 10 calendar days after
receiving notification from an employee in a position subject
to the policies required by subsection (c), such Inspector
General shall make a determination as to whether the State
employee is restricted from accepting such employment by
subsection (a) or (b). In making a determination, in addition
to any other relevant information, an Inspector General shall
assess the effect of the prospective employment or
relationship upon decisions referred to in subsections (a) and
(b), based on the totality of the participation by the former
officer, member, or State employee in those decisions. A
determination by an Inspector General must be in writing,
signed and dated by the Inspector General, and delivered to
the subject of the determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
For purposes of this subsection, "appropriate Inspector
General" means (i) for members and employees of the
legislative branch, the Legislative Inspector General; (ii)
for the Auditor General and employees of the Office of the
Auditor General, the Inspector General provided for in Section
30-5 of this Act; and (iii) for executive branch officers and
employees, the Inspector General having jurisdiction over the
officer or employee. Notice of any determination of an
Inspector General and of any such appeal shall be given to the
ultimate jurisdictional authority, the Attorney General, and
the Executive Ethics Commission.

SB2254 - 544 - LRB102 15486 SMS 20849 b
(g) An Inspector General's determination regarding
restrictions under subsection (a) or (b) may be appealed to
the appropriate Ethics Commission by the person subject to the
decision or the Attorney General no later than the 10th
calendar day after the date of the determination.
On appeal, the Ethics Commission or Auditor General shall
seek, accept, and consider written public comments regarding a
determination. In deciding whether to uphold an Inspector
General's determination, the appropriate Ethics Commission or
Auditor General shall assess, in addition to any other
relevant information, the effect of the prospective employment
or relationship upon the decisions referred to in subsections
(a) and (b), based on the totality of the participation by the
former officer, member, or State employee in those decisions.
The Ethics Commission shall decide whether to uphold an
Inspector General's determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
(h) The following officers, members, or State employees
shall not, within a period of one year immediately after
termination of office or State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the person or entity or its parent or
subsidiary, during the year immediately preceding termination
of State employment, was a party to a State contract or
contracts with a cumulative value of $25,000 or more involving
the officer, member, or State employee's State agency, or was

SB2254 - 545 - LRB102 15486 SMS 20849 b
the subject of a regulatory or licensing decision involving
the officer, member, or State employee's State agency,
regardless of whether he or she participated personally and
substantially in the award of the State contract or contracts
or the making of the regulatory or licensing decision in
question:
(1) members or officers;
(2) members of a commission or board created by the
Illinois Constitution;
(3) persons whose appointment to office is subject to
the advice and consent of the Senate;
(4) the head of a department, commission, board,
division, bureau, authority, or other administrative unit
within the government of this State;
(5) chief procurement officers, State purchasing
officers, and their designees whose duties are directly
related to State procurement;
(6) chiefs of staff, deputy chiefs of staff, associate
chiefs of staff, assistant chiefs of staff, and deputy
governors;
(7) employees of the Illinois Racing Board; and
(8) employees of the Illinois Gaming Board.
(i) For the purposes of this Section, with respect to
officers or employees of a regional transit board, as defined
in this Act, the phrase "person or entity" does not include:
(i) the United States government, (ii) the State, (iii)

SB2254 - 546 - LRB102 15486 SMS 20849 b
municipalities, as defined under Article VII, Section 1 of the
Illinois Constitution, (iv) units of local government, as
defined under Article VII, Section 1 of the Illinois
Constitution, or (v) school districts.
(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.)
(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall

SB2254 - 547 - LRB102 15486 SMS 20849 b
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency
who responds to the communication. The ethics officer shall
require that the ex parte communication be promptly made a
part of the record. The ethics officer shall promptly file the
ex parte communication with the Executive Ethics Commission,
including all written communications, all written responses to
the communications, and a memorandum prepared by the ethics
officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter.

SB2254 - 548 - LRB102 15486 SMS 20849 b
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Department of Lottery and Gaming Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department

SB2254 - 549 - LRB102 15486 SMS 20849 b
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
Section 160. The Executive Reorganization Implementation
Act is amended by changing Section 3.1 as follows:
(15 ILCS 15/3.1)
Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch

SB2254 - 550 - LRB102 15486 SMS 20849 b
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
(1) the State Board of Elections;
(2) the State Board of Education;
(3) the Illinois Commerce Commission;
(4) the Illinois Workers' Compensation Commission;
(5) the Civil Service Commission;
(6) the Fair Employment Practices Commission;
(7) the Pollution Control Board;
(8) the Department of State Police Merit Board;
(9) (blank) the Illinois Racing Board;
(10) the Illinois Power Agency;
(11) the Illinois Law Enforcement Training Standards
Board; and
(12) the Illinois Liquor Control Commission.
(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
101-81, eff. 7-12-19.)
Section 165. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is

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amended by changing Section 2310-348 as follows:
(20 ILCS 2310/2310-348)
Sec. 2310-348. The Quality of Life Board.
(a) The Quality of Life Board is created as an advisory
board within the Department. The Board shall consist of 11
members as follows: 2 members appointed by the President of
the Senate; one member appointed by the Minority Leader of the
Senate; 2 members appointed by the Speaker of the House of
Representatives; one member appointed by the Minority Leader
of the House of Representatives; 2 members appointed by the
Governor, one of whom shall be designated as chair of the Board
at the time of appointment; and 3 members appointed by the
Director who represent organizations that advocate for the
healthcare needs of the first and second highest HIV/AIDS risk
groups, one each from the northern Illinois region, the
central Illinois region, and the southern Illinois region.
The Board members shall serve one 2-year term. If a
vacancy occurs in the Board membership, the vacancy shall be
filled in the same manner as the initial appointment.
(b) Board members shall serve without compensation but may
be reimbursed for their reasonable travel expenses from funds
appropriated for that purpose. The Department shall provide
staff and administrative support services to the Board.
(c) The Board must:
(i) consult with the Division of Lottery of the

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Department of Lottery and Gaming the Lottery in designing
and promoting the Quality of Life special instant
scratch-off lottery game; and
(ii) review grant applications, make recommendations
and comments, and consult with the Department of Public
Health in making grants, from amounts appropriated from
the Quality of Life Endowment Fund, to public or private
entities in Illinois for the purpose of
HIV/AIDS-prevention education and for making grants to
public or private entities in Illinois for the purpose of
funding organizations that serve the highest at-risk
categories for contracting HIV or developing AIDS in
accordance with Section 21.7 of the Illinois Lottery Law.
(d) The Board is discontinued on June 30, 2018.
(Source: P.A. 97-464, eff. 10-15-11; 97-1117, eff. 8-27-12.)
Section 170. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-305 as follows:
(20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
Sec. 2505-305. Investigators.
(a) The Department has the power to appoint investigators
to conduct all investigations, searches, seizures, arrests,
and other duties imposed under the provisions of any law
administered by the Department. Except as provided in

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subsection (c), these investigators have and may exercise all
the powers of peace officers solely for the purpose of
enforcing taxing measures administered by the Department.
(b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Department exercising the powers of a peace officer a distinct
badge that, on its face, (i) clearly states that the badge is
authorized by the Department and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Department.
(c) The Department may enter into agreements with the
Department of Lottery and Gaming Illinois Gaming Board
providing that investigators appointed under this Section
shall exercise the peace officer powers set forth in paragraph
(20.6) of subsection (c) of Section 5 of the Illinois Gambling
Act.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 175. The State Finance Act is amended by changing
Section 6b-2 as follows:
(30 ILCS 105/6b-2) (from Ch. 127, par. 142b2)
Sec. 6b-2. The Department of Agriculture is authorized to
establish and maintain a "Working Cash Account" to receive
moneys obtained from the sale of pari-mutuel wagering tickets
and to disburse moneys from such account as provided in this

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Section. The Department shall appoint a custodian who will be
responsible for the "Working Cash Account" and who shall be
bonded by a $100,000 penal bond made payable to the people of
the State of Illinois, and shall establish accounting and
reconciliation procedures to assure the safeguarding of these
moneys.
Moneys in the Department of Agriculture's "Working Cash
Account" shall be used only for the purposes of providing
change for ticket windows, paying winning tickets,
establishing the winning ticket reserve and purse fund as
required by the Division of Horse Racing of the Department of
Lottery and Gaming "Illinois Racing Board", paying race
purses, and paying Federal and State taxes in relation
thereto. That portion of the income received not expended for
uses as authorized shall within 10 days after receipt be paid
into the Agricultural Premium Fund.
The Governor may request at the recommendation of the
custodian of the "Working Cash Account" an amount of money not
to exceed $50,000 be transferred from the Agricultural Premium
Fund to the "Working Cash Account", to provide change for
ticket windows, such transfer to be made within 30 days prior
to a racing meet. The custodian shall within 2 working days
after the close of a racing meet transfer the money used for
change back to the Agricultural Premium Fund. The Department
of Agriculture is authorized to pay from the Agricultural
Premium Fund the annual license fee, the daily race fee, and

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other expenses such as track security, stewards, investigators
and such other fees as required by the Division of Horse Racing
of the Department of Lottery and Gaming Illinois Racing Board
connected with the holding of a racing meet.
The Auditor General shall audit or cause to be audited the
above items of income and expenditures.
(Source: P.A. 84-1308.)
Section 180. The Agricultural Fair Act is amended by
changing Section 18 as follows:
(30 ILCS 120/18) (from Ch. 85, par. 668)
Sec. 18. Money shall be paid into the Fair and Exposition
Fund by the Division of Horse Racing of the Department of
Lottery and Gaming Illinois Racing Board, as provided in
Section 28 of the Illinois Horse Racing Act of 1975. The
General Assembly shall from time to time make appropriations
payable from such fund to the Department for distribution to
county fairs. Such appropriations shall be distributed by the
Department to county fairs which are eligible to participate
in appropriations made from the Agricultural Premium Fund but
which elect instead to participate in appropriations made from
the Fair and Exposition Fund. If a county has more than one
county fair, such fairs shall jointly elect to participate
either in appropriations made from the Agricultural Premium
Fund or in appropriations made from the Fair and Exposition

SB2254 - 556 - LRB102 15486 SMS 20849 b
Fund. All participating county fairs of the same county shall
participate in the same appropriation. Except as otherwise
allowed by the Director, a participant, to be eligible to
expend moneys appropriated from the Fair and Exposition Fund
for the purchase of new or additional land construction or
maintenance of buildings, grounds, facilities, infrastructure,
or any improvement to the grounds must hold the land on which
such fair or exposition is to be conducted as a fee or under a
lease of at least 20 years, the terms of which require the
lessee to have continuous possession of the land during every
day of the lease period, or must be owned by the fair
association participating in this disbursement, by an
agricultural society, or by a fair and exposition authority.
(Source: P.A. 99-183, eff. 7-29-15.)
Section 185. The Illinois Income Tax Act is amended by
changing Section 201 as follows:
(35 ILCS 5/201)
(Text of Section without the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 201. Tax imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this

SB2254 - 557 - LRB102 15486 SMS 20849 b
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending
after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June
30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, and ending
prior to January 1, 2011, an amount equal to 3% of the
taxpayer's net income for the taxable year.
(4) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2011, and
ending after December 31, 2010, an amount equal to the sum
of (i) 3% of the taxpayer's net income for the period prior
to January 1, 2011, as calculated under Section 202.5, and

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(ii) 5% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2011,
and ending prior to January 1, 2015, an amount equal to 5%
of the taxpayer's net income for the taxable year.
(5.1) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2015, and
ending after December 31, 2014, an amount equal to the sum
of (i) 5% of the taxpayer's net income for the period prior
to January 1, 2015, as calculated under Section 202.5, and
(ii) 3.75% of the taxpayer's net income for the period
after December 31, 2014, as calculated under Section
202.5.
(5.2) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2015,
and ending prior to July 1, 2017, an amount equal to 3.75%
of the taxpayer's net income for the taxable year.
(5.3) In the case of an individual, trust, or estate,
for taxable years beginning prior to July 1, 2017, and
ending after June 30, 2017, an amount equal to the sum of
(i) 3.75% of the taxpayer's net income for the period
prior to July 1, 2017, as calculated under Section 202.5,
and (ii) 4.95% of the taxpayer's net income for the period
after June 30, 2017, as calculated under Section 202.5.
(5.4) In the case of an individual, trust, or estate,

SB2254 - 559 - LRB102 15486 SMS 20849 b
for taxable years beginning on or after July 1, 2017, an
amount equal to 4.95% of the taxpayer's net income for the
taxable year.
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, and ending prior to January
1, 2011, an amount equal to 4.8% of the taxpayer's net
income for the taxable year.
(9) In the case of a corporation, for taxable years
beginning prior to January 1, 2011, and ending after
December 31, 2010, an amount equal to the sum of (i) 4.8%
of the taxpayer's net income for the period prior to
January 1, 2011, as calculated under Section 202.5, and
(ii) 7% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(10) In the case of a corporation, for taxable years
beginning on or after January 1, 2011, and ending prior to

SB2254 - 560 - LRB102 15486 SMS 20849 b
January 1, 2015, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(11) In the case of a corporation, for taxable years
beginning prior to January 1, 2015, and ending after
December 31, 2014, an amount equal to the sum of (i) 7% of
the taxpayer's net income for the period prior to January
1, 2015, as calculated under Section 202.5, and (ii) 5.25%
of the taxpayer's net income for the period after December
31, 2014, as calculated under Section 202.5.
(12) In the case of a corporation, for taxable years
beginning on or after January 1, 2015, and ending prior to
July 1, 2017, an amount equal to 5.25% of the taxpayer's
net income for the taxable year.
(13) In the case of a corporation, for taxable years
beginning prior to July 1, 2017, and ending after June 30,
2017, an amount equal to the sum of (i) 5.25% of the
taxpayer's net income for the period prior to July 1,
2017, as calculated under Section 202.5, and (ii) 7% of
the taxpayer's net income for the period after June 30,
2017, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after July 1, 2017, an amount equal to 7%
of the taxpayer's net income for the taxable year.
The rates under this subsection (b) are subject to the
provisions of Section 201.5.
(b-5) Surcharge; sale or exchange of assets, properties,

SB2254 - 561 - LRB102 15486 SMS 20849 b
and intangibles of organization gaming licensees. For each of
taxable years 2019 through 2027, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles (i)
of an organization licensee under the Illinois Horse Racing
Act of 1975 and (ii) of an organization gaming licensee under
the Illinois Gambling Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed shall not apply if:
(1) the organization gaming license, organization
license, or racetrack property is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
licensee or the substantial owners of the initial
licensee;
(B) cancellation, revocation, or termination of
any such license by the Department of Lottery and
Gaming Illinois Gaming Board or the Illinois Racing
Board;
(C) a determination by the Division of Casino
Gambling of the Department of Lottery and Gaming
Illinois Gaming Board that transfer of the license is
in the best interests of Illinois gaming;

SB2254 - 562 - LRB102 15486 SMS 20849 b
(D) the death of an owner of the equity interest in
a licensee;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the license when the license was issued; or
(2) the controlling interest in the organization
gaming license, organization license, or racetrack
property is transferred in a transaction to lineal
descendants in which no gain or loss is recognized or as a
result of a transaction in accordance with Section 351 of
the Internal Revenue Code in which no gain or loss is
recognized; or
(3) live horse racing was not conducted in 2010 at a
racetrack located within 3 miles of the Mississippi River
under a license issued pursuant to the Illinois Horse
Racing Act of 1975.
The transfer of an organization gaming license,
organization license, or racetrack property by a person other
than the initial licensee to receive the organization gaming
license is not subject to a surcharge. The Department shall
adopt rules necessary to implement and administer this

SB2254 - 563 - LRB102 15486 SMS 20849 b
subsection.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or
receiving income in or as a resident of this State. The
Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b)
of this Section and in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.

SB2254 - 564 - LRB102 15486 SMS 20849 b
(d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on
such income by the foreign insurer's state of domicile. For
the purposes of this subsection (d-1), an inter-affiliate
includes a mutual insurer under common management.
(1) For the purposes of subsection (d-1), in no event
shall the sum of the rates of tax imposed by subsections

SB2254 - 565 - LRB102 15486 SMS 20849 b
(b) and (d) be reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year, net
of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of
the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% for taxable years ending prior to December
31, 2003, or 1.75% for taxable years ending on or after
December 31, 2003, of the net taxable premiums written for
the taxable year, as described by subsection (1) of
Section 409 of the Illinois Insurance Code. This paragraph
will in no event increase the rates imposed under
subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection (i)
has been reduced to zero, against the rates imposed by
subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.

SB2254 - 566 - LRB102 15486 SMS 20849 b
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5%
of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be allowed
an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for the
first year in which they file employment records with the
Illinois Department of Employment Security. The provisions
added to this Section by Public Act 85-1200 (and restored
by Public Act 87-895) shall be construed as declaratory of
existing law and not as a new enactment. If, in any year,
the increase in base employment within Illinois over the
preceding year is less than 1%, the additional credit
shall be limited to that percentage times a fraction, the
numerator of which is .5% and the denominator of which is
1%, but shall not exceed .5%. The investment credit shall

SB2254 - 567 - LRB102 15486 SMS 20849 b
not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year
other than the year in which the property was placed in
service in Illinois. For tax years ending on or after
December 31, 1987, and on or before December 31, 1988, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to
the tax liability of the 5 taxable years following the
excess credit years if the taxpayer (i) makes investments
which cause the creation of a minimum of 2,000 full-time
equivalent jobs in Illinois, (ii) is located in an
enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) as
complying with the requirements specified in clause (i)
and (ii) by July 1, 1986. The Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall notify the Department of Revenue of all
such certifications immediately. For tax years ending
after December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,

SB2254 - 568 - LRB102 15486 SMS 20849 b
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, earlier
credit shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and
signs that are real property, but not including land
or improvements to real property that are not a
structural component of a building such as
landscaping, sewer lines, local access roads, fencing,
parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is

SB2254 - 569 - LRB102 15486 SMS 20849 b
primarily engaged in manufacturing, or in mining coal
or fluorite, or in retailing, or was placed in service
on or after July 1, 2006 in a River Edge Redevelopment
Zone established pursuant to the River Edge
Redevelopment Zone Act; and
(E) has not previously been used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (e) or
subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of the
Internal Revenue Code. For purposes of this subsection
(e), the term "retailing" means the sale of tangible
personal property for use or consumption and not for
resale, or services rendered in conjunction with the sale
of tangible personal property for use or consumption and
not for resale. For purposes of this subsection (e),
"tangible personal property" has the same meaning as when
that term is used in the Retailers' Occupation Tax Act,
and, for taxable years ending after December 31, 2008,

SB2254 - 570 - LRB102 15486 SMS 20849 b
does not include the generation, transmission, or
distribution of electricity.
(4) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside Illinois within 48
months after being placed in service, the Personal
Property Tax Replacement Income Tax for such taxable year
shall be increased. Such increase shall be determined by
(i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting

SB2254 - 571 - LRB102 15486 SMS 20849 b
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by law,
the basis of qualified property shall not include costs
incurred after December 31, 2018, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2018.
(9) Each taxable year ending before December 31, 2000,
a partnership may elect to pass through to its partners
the credits to which the partnership is entitled under
this subsection (e) for the taxable year. A partner may
use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c)
and (d) of this Section. If the partnership makes that
election, those credits shall be allocated among the
partners in the partnership in accordance with the rules
set forth in Section 704(b) of the Internal Revenue Code,
and the rules promulgated under that Section, and the
allocated amount of the credits shall be allowed to the
partners for that taxable year. The partnership shall make
this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to
pass through the credits shall be irrevocable.
For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a

SB2254 - 572 - LRB102 15486 SMS 20849 b
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This
paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
(1) A taxpayer shall be allowed a credit against the
tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in
service in an Enterprise Zone created pursuant to the
Illinois Enterprise Zone Act or, for property placed in
service on or after July 1, 2006, a River Edge
Redevelopment Zone established pursuant to the River Edge
Redevelopment Zone Act. For partners, shareholders of
Subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income
taxation, there shall be allowed a credit under this

SB2254 - 573 - LRB102 15486 SMS 20849 b
subsection (f) to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the
Internal Revenue Code. The credit shall be .5% of the
basis for such property. The credit shall be available
only in the taxable year in which the property is placed in
service in the Enterprise Zone or River Edge Redevelopment
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1985, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the

SB2254 - 574 - LRB102 15486 SMS 20849 b
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer; and
(E) has not been previously used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (f) or
subsection (e).
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of

SB2254 - 575 - LRB102 15486 SMS 20849 b
any qualified property is moved outside the Enterprise
Zone or River Edge Redevelopment Zone within 48 months
after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) There shall be allowed an additional credit equal
to 0.5% of the basis of qualified property placed in
service during the taxable year in a River Edge
Redevelopment Zone, provided such property is placed in
service on or after July 1, 2006, and the taxpayer's base
employment within Illinois has increased by 1% or more
over the preceding year as determined by the taxpayer's
employment records filed with the Illinois Department of
Employment Security. Taxpayers who are new to Illinois
shall be deemed to have met the 1% growth in base
employment for the first year in which they file

SB2254 - 576 - LRB102 15486 SMS 20849 b
employment records with the Illinois Department of
Employment Security. If, in any year, the increase in base
employment within Illinois over the preceding year is less
than 1%, the additional credit shall be limited to that
percentage times a fraction, the numerator of which is
0.5% and the denominator of which is 1%, but shall not
exceed 0.5%.
(8) For taxable years beginning on or after January 1,
2021, there shall be allowed an Enterprise Zone
construction jobs credit against the taxes imposed under
subsections (a) and (b) of this Section as provided in
Section 13 of the Illinois Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may
be carried forward and applied against the taxpayer's
liability in succeeding calendar years in the same manner
provided under paragraph (4) of Section 211 of this Act.
The credit or credits shall be applied to the earliest
year for which there is a tax liability. If there are
credits from more than one taxable year that are available
to offset a liability, the earlier credit shall be applied
first.
For partners, shareholders of Subchapter S
corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for

SB2254 - 577 - LRB102 15486 SMS 20849 b
the purposes of federal and State income taxation, there
shall be allowed a credit under this Section to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code.
The total aggregate amount of credits awarded under
the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall
not exceed $20,000,000 in any State fiscal year.
This paragraph (8) is exempt from the provisions of
Section 250.
(g) (Blank).
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
be allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the
time authorized in subsection (b-5) of the Illinois
Enterprise Zone Act for entities designated as High Impact

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Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in
the taxable year in which such investments have been
completed. The credit for additional investments beyond
the minimum investment by a designated high impact
business authorized under subdivision (a)(3)(A) of Section
5.5 of the Illinois Enterprise Zone Act shall be available
only in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1987, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be

SB2254 - 579 - LRB102 15486 SMS 20849 b
applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed in
service on the date of such increase in basis.

SB2254 - 580 - LRB102 15486 SMS 20849 b
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and
the taxpayer relocates its entire facility in violation of
the explicit terms and length of the contract under
Section 18-183 of the Property Tax Code, the tax imposed

SB2254 - 581 - LRB102 15486 SMS 20849 b
under subsections (a) and (b) of this Section shall be
increased for the taxable year in which the taxpayer
relocated its facility by an amount equal to the amount of
credit received by the taxpayer under this subsection (h).
(h-5) High Impact Business construction constructions jobs
credit. For taxable years beginning on or after January 1,
2021, there shall also be allowed a High Impact Business
construction jobs credit against the tax imposed under
subsections (a) and (b) of this Section as provided in
subsections (i) and (j) of Section 5.5 of the Illinois
Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may be
carried forward and applied against the taxpayer's liability
in succeeding calendar years in the manner provided under
paragraph (4) of Section 211 of this Act. The credit or credits
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable
year that are available to offset a liability, the earlier
credit shall be applied first.
For partners, shareholders of Subchapter S corporations,
and owners of limited liability companies, if the liability
company is treated as a partnership for the purposes of
federal and State income taxation, there shall be allowed a
credit under this Section to be determined in accordance with

SB2254 - 582 - LRB102 15486 SMS 20849 b
the determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the Internal
Revenue Code.
The total aggregate amount of credits awarded under the
Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
amendatory Act of the 101st General Assembly) shall not exceed
$20,000,000 in any State fiscal year.
This subsection (h-5) is exempt from the provisions of
Section 250.
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a)
and (b) of this Section for the tax imposed by subsections (c)
and (d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections
(a) and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the

SB2254 - 583 - LRB102 15486 SMS 20849 b
excess credit year, provided that no credit may be carried
forward to any year ending on or after December 31, 2003. This
credit shall be applied first to the earliest year for which
there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability the earliest credit arising under this
subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed
outside of Illinois by a taxpayer, for educational or
vocational training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from gross

SB2254 - 584 - LRB102 15486 SMS 20849 b
income in the computation of taxable income. The credit
against the tax imposed by subsections (a) and (b) shall be
1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this subsection (j) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit
is first computed until it is used. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability,
the earliest credit arising under this subsection shall be
applied first. No carryforward credit may be claimed in any
tax year ending on or after December 31, 2003.
(k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2027, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in

SB2254 - 585 - LRB102 15486 SMS 20849 b
this State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures
for increasing research activities in this State" means the
excess of qualifying expenditures for the taxable year in
which incurred over qualifying expenditures for the base
period, "qualifying expenditures for the base period" means
the average of the qualifying expenditures for each year in
the base period, and "base period" means the 3 taxable years
immediately preceding the taxable year for which the
determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the

SB2254 - 586 - LRB102 15486 SMS 20849 b
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever
occurs first; provided that no credit earned in a tax year
ending prior to December 31, 2003 may be carried forward to any
year ending on or after December 31, 2003.
If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
No inference shall be drawn from Public Act 91-644 this
amendatory Act of the 91st General Assembly in construing this
Section for taxable years beginning before January 1, 1999.
It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,
2004 and ending prior to January 1, 2027, including, but not
limited to, the period beginning on January 1, 2016 and ending

SB2254 - 587 - LRB102 15486 SMS 20849 b
on July 6, 2017 (the effective date of Public Act 100-22) this
amendatory Act of the 100th General Assembly. All actions
taken in reliance on the continuation of the credit under this
subsection (k) by any taxpayer are hereby validated.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and
on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. After the Pollution

SB2254 - 588 - LRB102 15486 SMS 20849 b
Control Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent with
those rules. For purposes of this Section, "taxpayer"
includes a person whose tax attributes the taxpayer has
succeeded to under Section 381 of the Internal Revenue
Code and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of
Section 267 of the Internal Revenue Code by virtue of
being a related taxpayer, as well as any of its partners.
The credit allowed against the tax imposed by subsections
(a) and (b) shall be equal to 25% of the unreimbursed
eligible remediation costs in excess of $100,000 per site,
except that the $100,000 threshold shall not apply to any
site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity). The
total credit allowed shall not exceed $40,000 per year
with a maximum total of $150,000 per site. For partners
and shareholders of subchapter S corporations, there shall
be allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code.

SB2254 - 589 - LRB102 15486 SMS 20849 b
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. The
term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit under
this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of a
remediation site and the tax credit shall succeed to the
unused credit and remaining carry-forward period of the
seller. To perfect the transfer, the assignor shall record
the transfer in the chain of title for the site and provide
written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the
remediation site and the amount of the tax credit to be
transferred as a portion of the sale. In no event may a
credit be transferred to any taxpayer if the taxpayer or a
related party would not be eligible under the provisions
of subsection (i).

SB2254 - 590 - LRB102 15486 SMS 20849 b
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the
custodian of one or more qualifying pupils shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
this Section for qualified education expenses incurred on
behalf of the qualifying pupils. The credit shall be equal to
25% of qualified education expenses, but in no event may the
total credit under this subsection claimed by a family that is
the custodian of qualifying pupils exceed (i) $500 for tax
years ending prior to December 31, 2017, and (ii) $750 for tax
years ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
For purposes of this subsection:
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of

SB2254 - 591 - LRB102 15486 SMS 20849 b
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify
for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(n) River Edge Redevelopment Zone site remediation tax
credit.
(i) For tax years ending on or after December 31,
2006, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for
certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of

SB2254 - 592 - LRB102 15486 SMS 20849 b
this Section, "unreimbursed eligible remediation costs"
means costs approved by the Illinois Environmental
Protection Agency ("Agency") under Section 58.14a of the
Environmental Protection Act that were paid in performing
environmental remediation at a site within a River Edge
Redevelopment Zone for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. Determinations as to
credit availability for purposes of this Section shall be
made consistent with rules adopted by the Pollution
Control Board pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of
Section 58.9 of the Environmental Protection Act. For
purposes of this Section, "taxpayer" includes a person
whose tax attributes the taxpayer has succeeded to under
Section 381 of the Internal Revenue Code and "related
party" includes the persons disallowed a deduction for
losses by paragraphs (b), (c), and (f)(1) of Section 267

SB2254 - 593 - LRB102 15486 SMS 20849 b
of the Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and (b)
shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. This
credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available
to offset a liability, the earliest credit arising under
this subsection shall be applied first. A credit allowed
under this subsection may be sold to a buyer as part of a
sale of all or part of the remediation site for which the
credit was granted. The purchaser of a remediation site
and the tax credit shall succeed to the unused credit and
remaining carry-forward period of the seller. To perfect
the transfer, the assignor shall record the transfer in
the chain of title for the site and provide written notice
to the Director of the Illinois Department of Revenue of
the assignor's intent to sell the remediation site and the
amount of the tax credit to be transferred as a portion of
the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be

SB2254 - 594 - LRB102 15486 SMS 20849 b
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(o) For each of taxable years during the Compassionate Use
of Medical Cannabis Program, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Program Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
(1) the medical cannabis cultivation center
registration, medical cannabis dispensary registration, or
the property of a registration is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
registration or the substantial owners of the initial
registration;
(B) cancellation, revocation, or termination of
any registration by the Illinois Department of Public
Health;
(C) a determination by the Illinois Department of

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Public Health that transfer of the registration is in
the best interests of Illinois qualifying patients as
defined by the Compassionate Use of Medical Cannabis
Program Act;
(D) the death of an owner of the equity interest in
a registrant;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the registration when the registration was issued;
or
(2) the cannabis cultivation center registration,
medical cannabis dispensary registration, or the
controlling interest in a registrant's property is
transferred in a transaction to lineal descendants in
which no gain or loss is recognized or as a result of a
transaction in accordance with Section 351 of the Internal
Revenue Code in which no gain or loss is recognized.
(Source: P.A. 100-22, eff. 7-6-17; 101-9, eff. 6-5-19; 101-31,
eff. 6-28-19; 101-207, eff. 8-2-19; 101-363, eff. 8-9-19;
revised 11-18-20.)

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(Text of Section with the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 201. Tax imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending
after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June
30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, and ending

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prior to January 1, 2011, an amount equal to 3% of the
taxpayer's net income for the taxable year.
(4) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2011, and
ending after December 31, 2010, an amount equal to the sum
of (i) 3% of the taxpayer's net income for the period prior
to January 1, 2011, as calculated under Section 202.5, and
(ii) 5% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2011,
and ending prior to January 1, 2015, an amount equal to 5%
of the taxpayer's net income for the taxable year.
(5.1) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2015, and
ending after December 31, 2014, an amount equal to the sum
of (i) 5% of the taxpayer's net income for the period prior
to January 1, 2015, as calculated under Section 202.5, and
(ii) 3.75% of the taxpayer's net income for the period
after December 31, 2014, as calculated under Section
202.5.
(5.2) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2015,
and ending prior to July 1, 2017, an amount equal to 3.75%
of the taxpayer's net income for the taxable year.
(5.3) In the case of an individual, trust, or estate,

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for taxable years beginning prior to July 1, 2017, and
ending after June 30, 2017, an amount equal to the sum of
(i) 3.75% of the taxpayer's net income for the period
prior to July 1, 2017, as calculated under Section 202.5,
and (ii) 4.95% of the taxpayer's net income for the period
after June 30, 2017, as calculated under Section 202.5.
(5.4) In the case of an individual, trust, or estate,
for taxable years beginning on or after July 1, 2017 and
beginning prior to January 1, 2021, an amount equal to
4.95% of the taxpayer's net income for the taxable year.
(5.5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2021,
an amount calculated under the rate structure set forth in
Section 201.1.
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, and ending prior to January

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1, 2011, an amount equal to 4.8% of the taxpayer's net
income for the taxable year.
(9) In the case of a corporation, for taxable years
beginning prior to January 1, 2011, and ending after
December 31, 2010, an amount equal to the sum of (i) 4.8%
of the taxpayer's net income for the period prior to
January 1, 2011, as calculated under Section 202.5, and
(ii) 7% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(10) In the case of a corporation, for taxable years
beginning on or after January 1, 2011, and ending prior to
January 1, 2015, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(11) In the case of a corporation, for taxable years
beginning prior to January 1, 2015, and ending after
December 31, 2014, an amount equal to the sum of (i) 7% of
the taxpayer's net income for the period prior to January
1, 2015, as calculated under Section 202.5, and (ii) 5.25%
of the taxpayer's net income for the period after December
31, 2014, as calculated under Section 202.5.
(12) In the case of a corporation, for taxable years
beginning on or after January 1, 2015, and ending prior to
July 1, 2017, an amount equal to 5.25% of the taxpayer's
net income for the taxable year.
(13) In the case of a corporation, for taxable years
beginning prior to July 1, 2017, and ending after June 30,

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2017, an amount equal to the sum of (i) 5.25% of the
taxpayer's net income for the period prior to July 1,
2017, as calculated under Section 202.5, and (ii) 7% of
the taxpayer's net income for the period after June 30,
2017, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after July 1, 2017 and beginning prior to
January 1, 2021, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(15) In the case of a corporation, for taxable years
beginning on or after January 1, 2021, an amount equal to
7.99% of the taxpayer's net income for the taxable year.
The rates under this subsection (b) are subject to the
provisions of Section 201.5.
(b-5) Surcharge; sale or exchange of assets, properties,
and intangibles of organization gaming licensees. For each of
taxable years 2019 through 2027, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles (i)
of an organization licensee under the Illinois Horse Racing
Act of 1975 and (ii) of an organization gaming licensee under
the Illinois Gambling Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed shall not apply if:

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(1) the organization gaming license, organization
license, or racetrack property is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
licensee or the substantial owners of the initial
licensee;
(B) cancellation, revocation, or termination of
any such license by the Department of Lottery and
Gaming Illinois Gaming Board or the Illinois Racing
Board;
(C) a determination by the Division of Casino
Gambling of the Department of Lottery and Gaming
Illinois Gaming Board that transfer of the license is
in the best interests of Illinois gaming;
(D) the death of an owner of the equity interest in
a licensee;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the license when the license was issued; or
(2) the controlling interest in the organization

SB2254 - 602 - LRB102 15486 SMS 20849 b
gaming license, organization license, or racetrack
property is transferred in a transaction to lineal
descendants in which no gain or loss is recognized or as a
result of a transaction in accordance with Section 351 of
the Internal Revenue Code in which no gain or loss is
recognized; or
(3) live horse racing was not conducted in 2010 at a
racetrack located within 3 miles of the Mississippi River
under a license issued pursuant to the Illinois Horse
Racing Act of 1975.
The transfer of an organization gaming license,
organization license, or racetrack property by a person other
than the initial licensee to receive the organization gaming
license is not subject to a surcharge. The Department shall
adopt rules necessary to implement and administer this
subsection.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or
receiving income in or as a resident of this State. The
Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b)

SB2254 - 603 - LRB102 15486 SMS 20849 b
of this Section and in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax

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imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on
such income by the foreign insurer's state of domicile. For
the purposes of this subsection (d-1), an inter-affiliate
includes a mutual insurer under common management.
(1) For the purposes of subsection (d-1), in no event
shall the sum of the rates of tax imposed by subsections
(b) and (d) be reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year, net
of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of
the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% for taxable years ending prior to December

SB2254 - 605 - LRB102 15486 SMS 20849 b
31, 2003, or 1.75% for taxable years ending on or after
December 31, 2003, of the net taxable premiums written for
the taxable year, as described by subsection (1) of
Section 409 of the Illinois Insurance Code. This paragraph
will in no event increase the rates imposed under
subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection (i)
has been reduced to zero, against the rates imposed by
subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5%
of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be allowed
an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment

SB2254 - 606 - LRB102 15486 SMS 20849 b
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for the
first year in which they file employment records with the
Illinois Department of Employment Security. The provisions
added to this Section by Public Act 85-1200 (and restored
by Public Act 87-895) shall be construed as declaratory of
existing law and not as a new enactment. If, in any year,
the increase in base employment within Illinois over the
preceding year is less than 1%, the additional credit
shall be limited to that percentage times a fraction, the
numerator of which is .5% and the denominator of which is
1%, but shall not exceed .5%. The investment credit shall
not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year
other than the year in which the property was placed in
service in Illinois. For tax years ending on or after
December 31, 1987, and on or before December 31, 1988, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to

SB2254 - 607 - LRB102 15486 SMS 20849 b
the tax liability of the 5 taxable years following the
excess credit years if the taxpayer (i) makes investments
which cause the creation of a minimum of 2,000 full-time
equivalent jobs in Illinois, (ii) is located in an
enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) as
complying with the requirements specified in clause (i)
and (ii) by July 1, 1986. The Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall notify the Department of Revenue of all
such certifications immediately. For tax years ending
after December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, earlier
credit shall be applied first.
(2) The term "qualified property" means property
which:

SB2254 - 608 - LRB102 15486 SMS 20849 b
(A) is tangible, whether new or used, including
buildings and structural components of buildings and
signs that are real property, but not including land
or improvements to real property that are not a
structural component of a building such as
landscaping, sewer lines, local access roads, fencing,
parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining coal
or fluorite, or in retailing, or was placed in service
on or after July 1, 2006 in a River Edge Redevelopment
Zone established pursuant to the River Edge
Redevelopment Zone Act; and
(E) has not previously been used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (e) or
subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production

SB2254 - 609 - LRB102 15486 SMS 20849 b
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of the
Internal Revenue Code. For purposes of this subsection
(e), the term "retailing" means the sale of tangible
personal property for use or consumption and not for
resale, or services rendered in conjunction with the sale
of tangible personal property for use or consumption and
not for resale. For purposes of this subsection (e),
"tangible personal property" has the same meaning as when
that term is used in the Retailers' Occupation Tax Act,
and, for taxable years ending after December 31, 2008,
does not include the generation, transmission, or
distribution of electricity.
(4) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the same

SB2254 - 610 - LRB102 15486 SMS 20849 b
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside Illinois within 48
months after being placed in service, the Personal
Property Tax Replacement Income Tax for such taxable year
shall be increased. Such increase shall be determined by
(i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by law,
the basis of qualified property shall not include costs
incurred after December 31, 2018, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2018.
(9) Each taxable year ending before December 31, 2000,
a partnership may elect to pass through to its partners
the credits to which the partnership is entitled under

SB2254 - 611 - LRB102 15486 SMS 20849 b
this subsection (e) for the taxable year. A partner may
use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c)
and (d) of this Section. If the partnership makes that
election, those credits shall be allocated among the
partners in the partnership in accordance with the rules
set forth in Section 704(b) of the Internal Revenue Code,
and the rules promulgated under that Section, and the
allocated amount of the credits shall be allowed to the
partners for that taxable year. The partnership shall make
this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to
pass through the credits shall be irrevocable.
For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This

SB2254 - 612 - LRB102 15486 SMS 20849 b
paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
(1) A taxpayer shall be allowed a credit against the
tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in
service in an Enterprise Zone created pursuant to the
Illinois Enterprise Zone Act or, for property placed in
service on or after July 1, 2006, a River Edge
Redevelopment Zone established pursuant to the River Edge
Redevelopment Zone Act. For partners, shareholders of
Subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income
taxation, there shall be allowed a credit under this
subsection (f) to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the
Internal Revenue Code. The credit shall be .5% of the
basis for such property. The credit shall be available
only in the taxable year in which the property is placed in
service in the Enterprise Zone or River Edge Redevelopment
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1985, the credit

SB2254 - 613 - LRB102 15486 SMS 20849 b
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer; and
(E) has not been previously used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (f) or

SB2254 - 614 - LRB102 15486 SMS 20849 b
subsection (e).
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside the Enterprise
Zone or River Edge Redevelopment Zone within 48 months
after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a

SB2254 - 615 - LRB102 15486 SMS 20849 b
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) There shall be allowed an additional credit equal
to 0.5% of the basis of qualified property placed in
service during the taxable year in a River Edge
Redevelopment Zone, provided such property is placed in
service on or after July 1, 2006, and the taxpayer's base
employment within Illinois has increased by 1% or more
over the preceding year as determined by the taxpayer's
employment records filed with the Illinois Department of
Employment Security. Taxpayers who are new to Illinois
shall be deemed to have met the 1% growth in base
employment for the first year in which they file
employment records with the Illinois Department of
Employment Security. If, in any year, the increase in base
employment within Illinois over the preceding year is less
than 1%, the additional credit shall be limited to that
percentage times a fraction, the numerator of which is
0.5% and the denominator of which is 1%, but shall not
exceed 0.5%.
(8) For taxable years beginning on or after January 1,
2021, there shall be allowed an Enterprise Zone
construction jobs credit against the taxes imposed under
subsections (a) and (b) of this Section as provided in

SB2254 - 616 - LRB102 15486 SMS 20849 b
Section 13 of the Illinois Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may
be carried forward and applied against the taxpayer's
liability in succeeding calendar years in the same manner
provided under paragraph (4) of Section 211 of this Act.
The credit or credits shall be applied to the earliest
year for which there is a tax liability. If there are
credits from more than one taxable year that are available
to offset a liability, the earlier credit shall be applied
first.
For partners, shareholders of Subchapter S
corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for
the purposes of federal and State income taxation, there
shall be allowed a credit under this Section to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code.
The total aggregate amount of credits awarded under
the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall
not exceed $20,000,000 in any State fiscal year.
This paragraph (8) is exempt from the provisions of
Section 250.

SB2254 - 617 - LRB102 15486 SMS 20849 b
(g) (Blank).
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
be allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the
time authorized in subsection (b-5) of the Illinois
Enterprise Zone Act for entities designated as High Impact
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in
the taxable year in which such investments have been
completed. The credit for additional investments beyond
the minimum investment by a designated high impact
business authorized under subdivision (a)(3)(A) of Section
5.5 of the Illinois Enterprise Zone Act shall be available

SB2254 - 618 - LRB102 15486 SMS 20849 b
only in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1987, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection

SB2254 - 619 - LRB102 15486 SMS 20849 b
(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed in
service on the date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which

SB2254 - 620 - LRB102 15486 SMS 20849 b
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and
the taxpayer relocates its entire facility in violation of
the explicit terms and length of the contract under
Section 18-183 of the Property Tax Code, the tax imposed
under subsections (a) and (b) of this Section shall be
increased for the taxable year in which the taxpayer
relocated its facility by an amount equal to the amount of
credit received by the taxpayer under this subsection (h).
(h-5) High Impact Business construction constructions jobs
credit. For taxable years beginning on or after January 1,
2021, there shall also be allowed a High Impact Business
construction jobs credit against the tax imposed under
subsections (a) and (b) of this Section as provided in
subsections (i) and (j) of Section 5.5 of the Illinois
Enterprise Zone Act.

SB2254 - 621 - LRB102 15486 SMS 20849 b
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may be
carried forward and applied against the taxpayer's liability
in succeeding calendar years in the manner provided under
paragraph (4) of Section 211 of this Act. The credit or credits
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable
year that are available to offset a liability, the earlier
credit shall be applied first.
For partners, shareholders of Subchapter S corporations,
and owners of limited liability companies, if the liability
company is treated as a partnership for the purposes of
federal and State income taxation, there shall be allowed a
credit under this Section to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the Internal
Revenue Code.
The total aggregate amount of credits awarded under the
Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
amendatory Act of the 101st General Assembly) shall not exceed
$20,000,000 in any State fiscal year.
This subsection (h-5) is exempt from the provisions of
Section 250.
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit

SB2254 - 622 - LRB102 15486 SMS 20849 b
shall be allowed against the tax imposed by subsections (a)
and (b) of this Section for the tax imposed by subsections (c)
and (d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections
(a) and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year, provided that no credit may be carried
forward to any year ending on or after December 31, 2003. This
credit shall be applied first to the earliest year for which
there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability the earliest credit arising under this
subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax

SB2254 - 623 - LRB102 15486 SMS 20849 b
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed
outside of Illinois by a taxpayer, for educational or
vocational training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from gross
income in the computation of taxable income. The credit
against the tax imposed by subsections (a) and (b) shall be
1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this subsection (j) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused

SB2254 - 624 - LRB102 15486 SMS 20849 b
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit
is first computed until it is used. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability,
the earliest credit arising under this subsection shall be
applied first. No carryforward credit may be claimed in any
tax year ending on or after December 31, 2003.
(k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2027, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in
this State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.

SB2254 - 625 - LRB102 15486 SMS 20849 b
For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures
for increasing research activities in this State" means the
excess of qualifying expenditures for the taxable year in
which incurred over qualifying expenditures for the base
period, "qualifying expenditures for the base period" means
the average of the qualifying expenditures for each year in
the base period, and "base period" means the 3 taxable years
immediately preceding the taxable year for which the
determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever
occurs first; provided that no credit earned in a tax year
ending prior to December 31, 2003 may be carried forward to any
year ending on or after December 31, 2003.
If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be

SB2254 - 626 - LRB102 15486 SMS 20849 b
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
No inference shall be drawn from Public Act 91-644 this
amendatory Act of the 91st General Assembly in construing this
Section for taxable years beginning before January 1, 1999.
It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,
2004 and ending prior to January 1, 2027, including, but not
limited to, the period beginning on January 1, 2016 and ending
on July 6, 2017 (the effective date of Public Act 100-22) this
amendatory Act of the 100th General Assembly. All actions
taken in reliance on the continuation of the credit under this
subsection (k) by any taxpayer are hereby validated.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and
on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,

SB2254 - 627 - LRB102 15486 SMS 20849 b
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. After the Pollution
Control Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent with
those rules. For purposes of this Section, "taxpayer"
includes a person whose tax attributes the taxpayer has
succeeded to under Section 381 of the Internal Revenue
Code and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of
Section 267 of the Internal Revenue Code by virtue of

SB2254 - 628 - LRB102 15486 SMS 20849 b
being a related taxpayer, as well as any of its partners.
The credit allowed against the tax imposed by subsections
(a) and (b) shall be equal to 25% of the unreimbursed
eligible remediation costs in excess of $100,000 per site,
except that the $100,000 threshold shall not apply to any
site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity). The
total credit allowed shall not exceed $40,000 per year
with a maximum total of $150,000 per site. For partners
and shareholders of subchapter S corporations, there shall
be allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. The
term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit under
this subsection from more than one tax year that is
available to offset a liability, the earliest credit

SB2254 - 629 - LRB102 15486 SMS 20849 b
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of a
remediation site and the tax credit shall succeed to the
unused credit and remaining carry-forward period of the
seller. To perfect the transfer, the assignor shall record
the transfer in the chain of title for the site and provide
written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the
remediation site and the amount of the tax credit to be
transferred as a portion of the sale. In no event may a
credit be transferred to any taxpayer if the taxpayer or a
related party would not be eligible under the provisions
of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the
custodian of one or more qualifying pupils shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
this Section for qualified education expenses incurred on
behalf of the qualifying pupils. The credit shall be equal to
25% of qualified education expenses, but in no event may the
total credit under this subsection claimed by a family that is

SB2254 - 630 - LRB102 15486 SMS 20849 b
the custodian of qualifying pupils exceed (i) $500 for tax
years ending prior to December 31, 2017, and (ii) $750 for tax
years ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
For purposes of this subsection:
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title

SB2254 - 631 - LRB102 15486 SMS 20849 b
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify
for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(n) River Edge Redevelopment Zone site remediation tax
credit.
(i) For tax years ending on or after December 31,
2006, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for
certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of
this Section, "unreimbursed eligible remediation costs"
means costs approved by the Illinois Environmental
Protection Agency ("Agency") under Section 58.14a of the
Environmental Protection Act that were paid in performing
environmental remediation at a site within a River Edge
Redevelopment Zone for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any

SB2254 - 632 - LRB102 15486 SMS 20849 b
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. Determinations as to
credit availability for purposes of this Section shall be
made consistent with rules adopted by the Pollution
Control Board pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of
Section 58.9 of the Environmental Protection Act. For
purposes of this Section, "taxpayer" includes a person
whose tax attributes the taxpayer has succeeded to under
Section 381 of the Internal Revenue Code and "related
party" includes the persons disallowed a deduction for
losses by paragraphs (b), (c), and (f)(1) of Section 267
of the Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and (b)
shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. This
credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this

SB2254 - 633 - LRB102 15486 SMS 20849 b
subsection from more than one tax year that is available
to offset a liability, the earliest credit arising under
this subsection shall be applied first. A credit allowed
under this subsection may be sold to a buyer as part of a
sale of all or part of the remediation site for which the
credit was granted. The purchaser of a remediation site
and the tax credit shall succeed to the unused credit and
remaining carry-forward period of the seller. To perfect
the transfer, the assignor shall record the transfer in
the chain of title for the site and provide written notice
to the Director of the Illinois Department of Revenue of
the assignor's intent to sell the remediation site and the
amount of the tax credit to be transferred as a portion of
the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(o) For each of taxable years during the Compassionate Use
of Medical Cannabis Program, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Program Act. The amount of the surcharge is

SB2254 - 634 - LRB102 15486 SMS 20849 b
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
(1) the medical cannabis cultivation center
registration, medical cannabis dispensary registration, or
the property of a registration is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
registration or the substantial owners of the initial
registration;
(B) cancellation, revocation, or termination of
any registration by the Illinois Department of Public
Health;
(C) a determination by the Illinois Department of
Public Health that transfer of the registration is in
the best interests of Illinois qualifying patients as
defined by the Compassionate Use of Medical Cannabis
Program Act;
(D) the death of an owner of the equity interest in
a registrant;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or

SB2254 - 635 - LRB102 15486 SMS 20849 b
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the registration when the registration was issued;
or
(2) the cannabis cultivation center registration,
medical cannabis dispensary registration, or the
controlling interest in a registrant's property is
transferred in a transaction to lineal descendants in
which no gain or loss is recognized or as a result of a
transaction in accordance with Section 351 of the Internal
Revenue Code in which no gain or loss is recognized.
(Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for
effective date; 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;
101-207, eff. 8-2-19; 101-363, eff. 8-9-19; revised 11-18-20.)
Section 190. The Illinois Urban Development Authority Act
is amended by changing Section 3 as follows:
(70 ILCS 531/3)
Sec. 3. Definitions. The following terms, whenever used or
referred to in this Act, shall have the following meanings,
except in such instances where the context may clearly
indicate otherwise:
"Authority" means the Illinois Urban Development Authority
created by this Act.
"Board" means the Illinois Urban Development Authority

SB2254 - 636 - LRB102 15486 SMS 20849 b
Board of Directors.
"Bonds" shall include bonds, notes, or other evidence of
indebtedness.
"Commercial project" means any project, including but not
limited to one or more buildings and other structures,
improvements, machinery, and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, coliseums, sports
training facilities, parking facilities, terminals, hotels and
motels, gymnasiums, medical facilities, and port facilities.
"Costs incurred in connection with the development,
construction, acquisition, or improvement of a project" means
the cost of purchase and construction of all lands and
improvements in connection with a project and equipment and
other property, rights, easements, and franchises acquired
that are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to and
during construction and for a period of 6 months thereafter;

SB2254 - 637 - LRB102 15486 SMS 20849 b
engineering and legal expenses; the costs of plans,
specifications, surveys, and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition, and construction of a specific project
and the placing of the same in operation.
"Develop" or "development" means to do one or more of the
following: plan, design, develop, lease, acquire, install,
construct, reconstruct, rehabilitate, extend, or expand.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority through the issuance of its
revenue bonds, notes, or other evidences of indebtedness for
the development, construction, acquisition, or improvement of
a project.
"Governmental agency" means any federal, State or local
governmental body, and any agency or instrumentality thereof,
corporate or otherwise.
"Governor" means the Governor of the State of Illinois.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction,
leasing, or rehabilitation of lands, buildings, and community
facilities and in connection therewith to provide nonhousing
facilities which are an integral part of a planned large-scale
project or new community.

SB2254 - 638 - LRB102 15486 SMS 20849 b
"Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery, and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation, or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching,
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
"Lease agreement" means an agreement whereby a project

SB2254 - 639 - LRB102 15486 SMS 20849 b
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use or cause the
project to be used as a project as defined in this Act upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance, and operation of the project
on terms satisfactory to the Authority, and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority. The Authority may, directly or indirectly, lease or
otherwise transfer property the Authority owns to another and
such leased property shall remain tax exempt.
"Loan agreement" means any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness issued with respect to a
project to any person or corporation that will use or cause the
project to be used as a project as defined in this Act upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal and interest and
premium, if any, on any bonds, notes, or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance, and operation
of the project on terms satisfactory to the Authority and

SB2254 - 640 - LRB102 15486 SMS 20849 b
providing for other matters as may be deemed advisable by the
Authority.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the local, regional, or State transportation
agency.
"Municipal poverty rate" is the percentage of total
population of the municipality having income levels below the
poverty level as determined by the Authority based upon the
most recent data released by the United States Census Bureau
before the beginning of such calendar year.
"Occupational license" means a license issued by the
Casino Gambling Division of the Department of Lottery and
Gaming Illinois Gaming Board to a person or entity to perform
an occupation which the Division Illinois Gaming Board has
identified as requiring a license to engage in riverboat,
dockside, or land-based gambling in Illinois.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association,
or joint stock association and includes any trustee, receiver,
assignee, or personal representative thereof.
"Project" means an industrial, housing, residential,

SB2254 - 641 - LRB102 15486 SMS 20849 b
commercial, transportation, or service project, or any
combination thereof, provided that all uses shall fall within
one of those categories. Any project, of any nature
whatsoever, shall automatically include all site improvements
and new construction involving sidewalks, sewers, solid waste
and wastewater treatment and disposal sites and other
pollution control facilities, resource or waste reduction,
recovery, treatment and disposal facilities, parks, open
spaces, wildlife sanctuaries, streets, highways, and runways.
"Revenue bond" means any bond issued by the Authority
under the supervision of the Illinois Finance Authority, the
principal and interest of which are payable solely from
revenues or income derived from any project or activity of the
Authority.
"Transportation facility" means any new or existing road,
highway, toll highway, bridge, tunnel, intermodal facility,
intercity or high-speed passenger rail, or other
transportation facility or infrastructure, excluding airports.
The term "transportation facility" may refer to one or more
transportation facilities that are proposed to be developed or
operated as part of a single transportation project.
"Transportation project" means one or more transportation
improvement projects including, but not limited to, new or
existing roads or highways, new or expanded intermodal
projects, and new or expanded transit projects,
transit-oriented development, intercity rail, and passenger

SB2254 - 642 - LRB102 15486 SMS 20849 b
rail. "Transportation project" does not include airport
projects.
(Source: P.A. 98-384, eff. 8-16-13.)
Section 195. The Joliet Regional Port District Act is
amended by changing Section 5.1 as follows:
(70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
Sec. 5.1. Riverboat and casino gambling. Notwithstanding
any other provision of this Act, the District may not regulate
the operation, conduct, or navigation of any riverboat
gambling casino licensed under the Illinois Gambling Act, and
the District may not license, tax, or otherwise levy any
assessment of any kind on any riverboat gambling casino
licensed under the Illinois Gambling Act. The General Assembly
declares that the powers to regulate the operation, conduct,
and navigation of riverboat gambling casinos and to license,
tax, and levy assessments upon riverboat gambling casinos are
exclusive powers of the State of Illinois and the Department
of Lottery and Gaming Illinois Gaming Board as provided in the
Illinois Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 200. The Raffles and Poker Runs Act is amended by
changing Section 1 as follows:

SB2254 - 643 - LRB102 15486 SMS 20849 b
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions. For the purposes of this Act the
terms defined in this Section have the meanings given them.
"Key location" means:
(1) For a poker run, the location where the poker run
concludes and the prizes are awarded.
(2) For a raffle, the location where the winning
chances in the raffle are determined.
"Law enforcement agency" means an agency of this State or
a unit of local government in this State that is vested by law
or ordinance with the duty to maintain public order and to
enforce criminal laws or ordinances.
"Net proceeds" means the gross receipts from the conduct
of raffles, less reasonable sums expended for prizes, local
license fees and other operating expenses incurred as a result
of operating a raffle or poker run.
"Poker run" means a prize-awarding event organized by an
organization licensed under this Act in which participants
travel to multiple predetermined locations, including a key
location, to play a randomized game based on an element of
chance. "Poker run" includes dice runs, marble runs, or other
events where the objective is to build the best hand or highest
score by obtaining an item or playing a randomized game at each
location.
"Raffle" means a form of lottery, as defined in subsection
(b) of Section 28-2 of the Criminal Code of 2012, conducted by

SB2254 - 644 - LRB102 15486 SMS 20849 b
an organization licensed under this Act, in which:
(1) the player pays or agrees to pay something of
value for a chance, represented and differentiated by a
number or by a combination of numbers or by some other
medium, one or more of which chances is to be designated
the winning chance; and
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Raffle" does not include any game designed to simulate:
(1) gambling games as defined in the Illinois Riverboat
Gambling Act, (2) any casino game approved for play by the
Department of Lottery and Gaming Illinois Gaming Board, (3)
any games provided by a video gaming terminal, as defined in
the Video Gaming Act, or (4) a savings promotion raffle
authorized under Section 5g of the Illinois Banking Act,
Section 7008 of the Savings Bank Act, Section 42.7 of the
Illinois Credit Union Act, Section 5136B of the National Bank
Act, or Section 4 of the Home Owners' Loan Act.
(Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
Section 205. The Smoke Free Illinois Act is amended by
changing Section 10 as follows:

SB2254 - 645 - LRB102 15486 SMS 20849 b
(410 ILCS 82/10)
Sec. 10. Definitions. In this Act:
"Bar" means an establishment that is devoted to the
serving of alcoholic beverages for consumption by guests on
the premises and that derives no more than 10% of its gross
revenue from the sale of food consumed on the premises. "Bar"
includes, but is not limited to, taverns, nightclubs, cocktail
lounges, adult entertainment facilities, and cabarets.
"Department" means the Department of Public Health.
"Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or
profits or a person who volunteers his or her services for a
non-profit entity.
"Employer" means a person, business, partnership,
association, or corporation, including a municipal
corporation, trust, or non-profit entity, that employs the
services of one or more individual persons.
"Enclosed area" means all space between a floor and a
ceiling that is enclosed or partially enclosed with (i) solid
walls or windows, exclusive of doorways, or (ii) solid walls
with partitions and no windows, exclusive of doorways, that
extend from the floor to the ceiling, including, without
limitation, lobbies and corridors.
"Enclosed or partially enclosed sports arena" means any
sports pavilion, stadium, gymnasium, health spa, boxing arena,

SB2254 - 646 - LRB102 15486 SMS 20849 b
swimming pool, roller rink, ice rink, bowling alley, or other
similar place where members of the general public assemble to
engage in physical exercise or participate in athletic
competitions or recreational activities or to witness sports,
cultural, recreational, or other events.
"Gaming equipment or supplies" means gaming
equipment/supplies as defined in the Department of Lottery and
Gaming Illinois Gaming Board Rules of the Illinois
Administrative Code.
"Gaming facility" means an establishment utilized
primarily for the purposes of gaming and where gaming
equipment or supplies are operated for the purposes of
accruing business revenue.
"Healthcare facility" means an office or institution
providing care or treatment of diseases, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including, but not limited to,
hospitals, rehabilitation hospitals, weight control clinics,
nursing homes, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, dentists, and all specialists within
these professions. "Healthcare facility" includes all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards
within healthcare facilities.
"Place of employment" means any area under the control of
a public or private employer that employees are required to

SB2254 - 647 - LRB102 15486 SMS 20849 b
enter, leave, or pass through during the course of employment,
including, but not limited to entrances and exits to places of
employment, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; offices and work
areas; restrooms; conference and classrooms; break rooms and
cafeterias; and other common areas. A private residence or
home-based business, unless used to provide licensed child
care, foster care, adult care, or other similar social service
care on the premises, is not a "place of employment", nor are
enclosed laboratories, not open to the public, in an
accredited university or government facility where the
activity of smoking is exclusively conducted for the purpose
of medical or scientific health-related research. Rulemaking
authority to implement this amendatory Act of the 95th General
Assembly, if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
"Private club" means a not-for-profit association that (1)
has been in active and continuous existence for at least 3
years prior to the effective date of this amendatory Act of the
95th General Assembly, whether incorporated or not, (2) is the
owner, lessee, or occupant of a building or portion thereof

SB2254 - 648 - LRB102 15486 SMS 20849 b
used exclusively for club purposes at all times, (3) is
operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not
for pecuniary gain, and (4) only sells alcoholic beverages
incidental to its operation. For purposes of this definition,
"private club" means an organization that is managed by a
board of directors, executive committee, or similar body
chosen by the members at an annual meeting, has established
bylaws, a constitution, or both to govern its activities, and
has been granted an exemption from the payment of federal
income tax as a club under 26 U.S.C. 501.
"Private residence" means the part of a structure used as
a dwelling, including, without limitation: a private home,
townhouse, condominium, apartment, mobile home, vacation home,
cabin, or cottage. For the purposes of this definition, a
hotel, motel, inn, resort, lodge, bed and breakfast or other
similar public accommodation, hospital, nursing home, or
assisted living facility shall not be considered a private
residence.
"Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the State of Illinois, or any other
public entity and regardless of whether a fee is charged for
admission, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,

SB2254 - 649 - LRB102 15486 SMS 20849 b
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited. A "public place"
does not include a private residence unless the private
residence is used to provide licensed child care, foster care,
or other similar social service care on the premises. A
"public place" includes, but is not limited to, hospitals,
restaurants, retail stores, offices, commercial
establishments, elevators, indoor theaters, libraries,
museums, concert halls, public conveyances, educational
facilities, nursing homes, auditoriums, enclosed or partially
enclosed sports arenas, meeting rooms, schools, exhibition
halls, convention facilities, polling places, private clubs,
gaming facilities, all government owned vehicles and
facilities, including buildings and vehicles owned, leased, or
operated by the State or State subcontract, healthcare
facilities or clinics, enclosed shopping centers, retail
service establishments, financial institutions, educational
facilities, ticket areas, public hearing facilities, public
restrooms, waiting areas, lobbies, bars, taverns, bowling
alleys, skating rinks, reception areas, and no less than 75%
of the sleeping quarters within a hotel, motel, resort, inn,
lodge, bed and breakfast, or other similar public
accommodation that are rented to guests, but excludes private
residences.
"Restaurant" means (i) an eating establishment, including,
but not limited to, coffee shops, cafeterias, sandwich stands,

SB2254 - 650 - LRB102 15486 SMS 20849 b
and private and public school cafeterias, that gives or offers
for sale food to the public, guests, or employees, and (ii) a
kitchen or catering facility in which food is prepared on the
premises for serving elsewhere. "Restaurant" includes a bar
area within the restaurant.
"Retail tobacco store" means a retail establishment that
derives more than 80% of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
and other smoking devices for burning tobacco and related
smoking accessories and in which the sale of other products is
merely incidental. "Retail tobacco store" includes an enclosed
workplace that manufactures, imports, or distributes tobacco
or tobacco products, when, as a necessary and integral part of
the process of making, manufacturing, importing, or
distributing a tobacco product for the eventual retail sale of
that tobacco or tobacco product, tobacco is heated, burned, or
smoked, or a lighted tobacco product is tested, provided that
the involved business entity: (1) maintains a specially
designated area or areas within the workplace for the purpose
of the heating, burning, smoking, or lighting activities, and
does not create a facility that permits smoking throughout;
(2) satisfies the 80% requirement related to gross sales; and
(3) delivers tobacco products to consumers, retail
establishments, or other wholesale establishments as part of
its business. "Retail tobacco store" does not include a
tobacco department or section of a larger commercial

SB2254 - 651 - LRB102 15486 SMS 20849 b
establishment or any establishment with any type of liquor,
food, or restaurant license. Rulemaking authority to implement
this amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and
all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
"Smoke" or "smoking" means the carrying, smoking, burning,
inhaling, or exhaling of any kind of lighted pipe, cigar,
cigarette, hookah, weed, herbs, or any other lighted smoking
equipment. "Smoke" or "smoking" does not include smoking that
is associated with a native recognized religious ceremony,
ritual, or activity by American Indians that is in accordance
with the federal American Indian Religious Freedom Act, 42
U.S.C. 1996 and 1996a.
"State agency" has the meaning formerly ascribed to it in
subsection (a) of Section 3 of the Illinois Purchasing Act
(now repealed).
"Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution of
1970.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-797, eff. 1-1-10.)
Section 210. The Illinois Equine Infectious Anemia Control

SB2254 - 652 - LRB102 15486 SMS 20849 b
Act is amended by changing Section 5 as follows:
(510 ILCS 65/5) (from Ch. 8, par. 955)
Sec. 5. Quarantine and branding of reactors. In the event
an Illinois owner voluntarily elects to have his equidae
tested and a reactor is found, the reactor shall be (a)
quarantined until death or until released by a written notice
from the Department and (b) permanently identified with a
freezemarking brand which shall be applied by an employee of
the Department, a veterinarian in the employ of the Division
of Horse Racing of the Department of Lottery and Gaming
Illinois Racing Board, or an employee of the Animal and Plant
Health Inspection Service of the United States Department of
Agriculture or any successor agency. The freezemarking brand
shall be not less than 2 inches in height, shall be applied to
the left side of the neck of the reactor, and the identifying
mark shall be "33" followed by the letter "A" and a number
designated by the Department to indicate individual
identification.
Any animal under 12 months of age which reacts positively
to an official test for EIA shall be quarantined and retested
at 12 months of age. If positive at that time, it shall be
subject to permanent identification as a reactor and continue
under quarantine. Foals being nursed by reactor dams shall be
quarantined until they are weaned from their dams and have a
negative official test for EIA not less than 60 days following

SB2254 - 653 - LRB102 15486 SMS 20849 b
their weaning.
(Source: P.A. 86-223.)
Section 215. The Pay-Per-Call Services Consumer Protection
Act is amended by changing Section 10 as follows:
(815 ILCS 520/10) (from Ch. 134, par. 160)
Sec. 10. Rules applicable to the pay-per-call industry.
(a) Each sponsor engaged in furnishing any live, recorded,
or recorded-interactive audio text information services
including, but not limited to, "900" numbers and "976" numbers
shall utilize advertising that accurately describes the
message content, terms, conditions, and price of the offered
service in a clear and understandable manner in all print,
broadcast, or telephone advertising and announcements
promoting their offers including:
(1) The charges for the offer per call or per minute.
(2) Any geographic, time of day, or other limitations
on the availability of the offer.
(3) A requirement that callers under 12 years of age
must request parental or adult guardian permission before
calling to hear the offer.
(4) Display the charges in broadcast advertising with
the telephone numbers and a voice announcement of the
charges during the course of the commercials.
(5) Repeated voice announcements of these charges at

SB2254 - 654 - LRB102 15486 SMS 20849 b
regular intervals for commercials in excess of 2 minutes.
(6) Charges for all subsequent calls if the program
refers to and requires another pay-per-call.
(b) The sponsor shall provide a minimum of 12 seconds of
delayed timing for information charges and price disclosure
message. If the delayed timing period is exceeded, a consumer
shall be billed from the time of the initial connection, and
transport charges shall be billed to the information provider
from the time of the initial connection. If the consumer
disconnects the call within the delayed timing period, no
information charge shall be billed to the caller. During the
delayed timing period, the sponsor shall inform the consumer
of all of the following:
(1) An accurate description of the service that will
be provided to the caller.
(2) An accurate summation of the cost of the service
including, but not limited to, all of the following:
(A) The initial flat rate charge, if any.
(B) The per minute charge, if any.
(C) The maximum per call charge.
(3) That, if the caller disconnects the call within
the delayed timing period, the consumer will not be
charged for the call.
(4) Before the end of the delayed timing period, that
the billing will commence after a stated period of not
less than 3 seconds.

SB2254 - 655 - LRB102 15486 SMS 20849 b
(c) This information shall be provided at the beginning of
every call and at least 3 seconds shall be allowed at the end
of the message within the delayed timing period for the
consumer to hang up without being charged. An introductory
message, however, is not required if the cost of the call is $1
or less per minute or the total potential cost of the call is
$5 or less, or if the call is related to polling services,
asynchronous technology or political fundraising.
(d) Games of chance must, at a minimum, meet the following
criteria:
(1) The game must be operated as a means of promoting
goods or services other than the game itself.
(2) A no-purchase alternative method of participating
must be available that provides all entrants, including
non-purchasers and pay-per-call users, with an equal
chance of winning.
(3) The prize may not be financed from the proceeds of
the program sponsor's billed charges.
(4) The prize amount or value is not dependent on the
number of entries received.
(e) Game programs billed as pay-per-call shall include in
the official rules and, in all broadcasts and print
advertising of the game, a complete statement that includes
all of the following:
(1) Declares no purchase is necessary to play for free
or that an alternate means of entry is provided.

SB2254 - 656 - LRB102 15486 SMS 20849 b
(2) Lists the sponsor's name, starting and closing
dates, any age restrictions for the participants, and
availability of complete official rules.
(3) Provides callers with sufficient information to
participate fully in the game.
(f) The provisions of subsections (d) and (e) of this
Section do not apply to any game of chance sponsored directly
or indirectly by the Department of Lottery and Gaming the
Lottery.
(Source: P.A. 87-452.)
SB2254 - 657 - LRB102 15486 SMS 20849 b
INDEX
Statutes amended in order of appearance
New Act
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-372 rep.
20 ILCS 1605/3 from Ch. 120, par. 1153
20 ILCS 1605/4 from Ch. 120, par. 1154
20 ILCS 1605/5 from Ch. 120, par. 1155
20 ILCS 1605/5.1
20 ILCS 1605/7.1 from Ch. 120, par. 1157.1
20 ILCS 1605/7.2 from Ch. 120, par. 1157.2
20 ILCS 1605/7.3 from Ch. 120, par. 1157.3
20 ILCS 1605/7.4 from Ch. 120, par. 1157.4
20 ILCS 1605/7.5 from Ch. 120, par. 1157.5
20 ILCS 1605/7.8 from Ch. 120, par. 1157.8
20 ILCS 1605/7.8a from Ch. 120, par. 1157.8a
20 ILCS 1605/7.11 from Ch. 120, par. 1157.11
20 ILCS 1605/7.12
20 ILCS 1605/7.15
20 ILCS 1605/7.16
20 ILCS 1605/8 from Ch. 120, par. 1158
20 ILCS 1605/9 from Ch. 120, par. 1159
20 ILCS 1605/9.1
20 ILCS 1605/10 from Ch. 120, par. 1160
SB2254 - 658 - LRB102 15486 SMS 20849 b
20 ILCS 1605/10.1 from Ch. 120, par. 1160.1
20 ILCS 1605/10.1a from Ch. 120, par. 1160.1a
20 ILCS 1605/10.2 from Ch. 120, par. 1160.2
20 ILCS 1605/10.3 from Ch. 120, par. 1160.3
20 ILCS 1605/10.4 from Ch. 120, par. 1160.4
20 ILCS 1605/10.5 from Ch. 120, par. 1160.5
20 ILCS 1605/10.6 from Ch. 120, par. 1160.6
20 ILCS 1605/10.7
20 ILCS 1605/10.8
20 ILCS 1605/12 from Ch. 120, par. 1162
20 ILCS 1605/13 from Ch. 120, par. 1163
20 ILCS 1605/13.1
20 ILCS 1605/14 from Ch. 120, par. 1164
20 ILCS 1605/14.3
20 ILCS 1605/14.4
20 ILCS 1605/15 from Ch. 120, par. 1165
20 ILCS 1605/19 from Ch. 120, par. 1169
20 ILCS 1605/20.1 from Ch. 120, par. 1170.1
20 ILCS 1605/21 from Ch. 120, par. 1171
20 ILCS 1605/21.3 from Ch. 120, par. 1171.3
20 ILCS 1605/21.5
20 ILCS 1605/21.6
20 ILCS 1605/21.7
20 ILCS 1605/21.8
20 ILCS 1605/21.9
20 ILCS 1605/21.10
SB2254 - 659 - LRB102 15486 SMS 20849 b
20 ILCS 1605/21.11
20 ILCS 1605/21.12
20 ILCS 1605/21.13
20 ILCS 1605/24 from Ch. 120, par. 1174
20 ILCS 1605/25 from Ch. 120, par. 1175
20 ILCS 1605/6 rep.
20 ILCS 1605/7.6 rep.
230 ILCS 5/2 from Ch. 8, par. 37-2
230 ILCS 5/2.5
230 ILCS 5/3.01 from Ch. 8, par. 37-3.01
230 ILCS 5/3.04 from Ch. 8, par. 37-3.04
230 ILCS 5/3.07 from Ch. 8, par. 37-3.07
230 ILCS 5/3.075
230 ILCS 5/3.080
230 ILCS 5/3.11 from Ch. 8, par. 37-3.11
230 ILCS 5/3.12 from Ch. 8, par. 37-3.12
230 ILCS 5/3.13 from Ch. 8, par. 37-3.13
230 ILCS 5/3.17 from Ch. 8, par. 37-3.17
230 ILCS 5/3.18 from Ch. 8, par. 37-3.18
230 ILCS 5/3.19 from Ch. 8, par. 37-3.19
230 ILCS 5/3.29
230 ILCS 5/3.35
230 ILCS 5/4 from Ch. 8, par. 37-4
230 ILCS 5/9 from Ch. 8, par. 37-9
230 ILCS 5/10 from Ch. 8, par. 37-10
230 ILCS 5/12 from Ch. 8, par. 37-12
SB2254 - 660 - LRB102 15486 SMS 20849 b
230 ILCS 5/12.1 from Ch. 8, par. 37-12.1
230 ILCS 5/12.2
230 ILCS 5/13 from Ch. 8, par. 37-13
230 ILCS 5/14 from Ch. 8, par. 37-14
230 ILCS 5/14a from Ch. 8, par. 37-14a
230 ILCS 5/15 from Ch. 8, par. 37-15
230 ILCS 5/15.1 from Ch. 8, par. 37-15.1
230 ILCS 5/15.2 from Ch. 8, par. 37-15.2
230 ILCS 5/15.3 from Ch. 8, par. 37-15.3
230 ILCS 5/15.4 from Ch. 8, par. 37-15.4
230 ILCS 5/15.5
230 ILCS 5/16 from Ch. 8, par. 37-16
230 ILCS 5/18 from Ch. 8, par. 37-18
230 ILCS 5/19 from Ch. 8, par. 37-19
230 ILCS 5/19.5
230 ILCS 5/20 from Ch. 8, par. 37-20
230 ILCS 5/20.1
230 ILCS 5/20.5
230 ILCS 5/21 from Ch. 8, par. 37-21
230 ILCS 5/23 from Ch. 8, par. 37-23
230 ILCS 5/24 from Ch. 8, par. 37-24
230 ILCS 5/25 from Ch. 8, par. 37-25
230 ILCS 5/26 from Ch. 8, par. 37-26
230 ILCS 5/26.9
230 ILCS 5/27 from Ch. 8, par. 37-27
230 ILCS 5/27.2
SB2254 - 661 - LRB102 15486 SMS 20849 b
230 ILCS 5/28 from Ch. 8, par. 37-28
230 ILCS 5/28.1
230 ILCS 5/30 from Ch. 8, par. 37-30
230 ILCS 5/30.5
230 ILCS 5/31 from Ch. 8, par. 37-31
230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
230 ILCS 5/32 from Ch. 8, par. 37-32
230 ILCS 5/32.1
230 ILCS 5/34.3
230 ILCS 5/35 from Ch. 8, par. 37-35
230 ILCS 5/36 from Ch. 8, par. 37-36
230 ILCS 5/36a from Ch. 8, par. 37-36a
230 ILCS 5/37 from Ch. 8, par. 37-37
230 ILCS 5/38 from Ch. 8, par. 37-38
230 ILCS 5/39 from Ch. 8, par. 37-39
230 ILCS 5/40 from Ch. 8, par. 37-40
230 ILCS 5/45 from Ch. 8, par. 37-45
230 ILCS 5/46 from Ch. 8, par. 37-46
230 ILCS 5/49 from Ch. 8, par. 37-49
230 ILCS 5/51 from Ch. 8, par. 37-51
230 ILCS 5/54.75
230 ILCS 5/55
230 ILCS 5/56
230 ILCS 5/5 rep.
230 ILCS 5/6 rep.
230 ILCS 5/7 rep.
SB2254 - 662 - LRB102 15486 SMS 20849 b
230 ILCS 5/8 rep.
230 ILCS 10/2 from Ch. 120, par. 2402
230 ILCS 10/4 from Ch. 120, par. 2404
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 10/5.1 from Ch. 120, par. 2405.1
230 ILCS 10/5.2
230 ILCS 10/5.3
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7 from Ch. 120, par. 2407
230 ILCS 10/7.1
230 ILCS 10/7.3
230 ILCS 10/7.4
230 ILCS 10/7.5
230 ILCS 10/7.6
230 ILCS 10/7.7
230 ILCS 10/7.10
230 ILCS 10/7.11
230 ILCS 10/7.12
230 ILCS 10/8 from Ch. 120, par. 2408
230 ILCS 10/9 from Ch. 120, par. 2409
230 ILCS 10/10 from Ch. 120, par. 2410
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/11.2
230 ILCS 10/12 from Ch. 120, par. 2412
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 10/13.05
SB2254 - 663 - LRB102 15486 SMS 20849 b
230 ILCS 10/14 from Ch. 120, par. 2414
230 ILCS 10/15 from Ch. 120, par. 2415
230 ILCS 10/16 from Ch. 120, par. 2416
230 ILCS 10/17 from Ch. 120, par. 2417
230 ILCS 10/17.1 from Ch. 120, par. 2417.1
230 ILCS 10/18 from Ch. 120, par. 2418
230 ILCS 10/18.1
230 ILCS 10/22 from Ch. 120, par. 2422
230 ILCS 40/5
230 ILCS 40/15
230 ILCS 40/20
230 ILCS 40/25
230 ILCS 40/26
230 ILCS 40/35
230 ILCS 40/43
230 ILCS 40/45
230 ILCS 40/50
230 ILCS 40/57
230 ILCS 40/58
230 ILCS 40/60
230 ILCS 40/78
230 ILCS 40/79
230 ILCS 40/79.5
230 ILCS 40/80
230 ILCS 45/25-10
230 ILCS 45/25-15
SB2254 - 664 - LRB102 15486 SMS 20849 b
230 ILCS 45/25-20
230 ILCS 45/25-25
230 ILCS 45/25-30
230 ILCS 45/25-35
230 ILCS 45/25-40
230 ILCS 45/25-45
230 ILCS 45/25-50
230 ILCS 45/25-55
230 ILCS 45/25-60
230 ILCS 45/25-70
230 ILCS 45/25-75
230 ILCS 45/25-85
230 ILCS 45/25-90
230 ILCS 45/25-100
230 ILCS 45/25-105
230 ILCS 50/30-5
230 ILCS 50/30-10
230 ILCS 50/30-20
230 ILCS 50/30-25
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 430/5-45
5 ILCS 430/5-50
15 ILCS 15/3.1
20 ILCS 2310/2310-348
20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1
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