Bill Text: IL HB5186 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Sports Wagering Act. Provides that the Act becomes operative when the federal Professional and Amateur Sports Protection Act is repealed by the United States Congress or overturned by the United States Supreme Court, whichever is earlier. Authorizes sports wagering in the State by organization licensees under the Illinois Horse Racing Act of 1975. Creates the Division of Sports Wagering within the Illinois Gaming Board to issue licenses under the Act. Provides for application and eligibility for sports wagering licensure. Provides license requirements for sports wagering licenses. Requires a sports wagering licensee to establish systems to verify that an authorized wagerer is 21 years of age or older. Provides persons not authorized to place sports wagers. Requires the Division to develop responsible gaming measures, including a statewide responsible gaming database. Creates the Responsible Sports Wagering Advisory Board to make recommendations to the Executive Director of the Division regarding the development of rules and procedures to reduce and prevent problem or compulsive gambling and youth gambling and to ensure the conduct of safe, fair, and responsible sports wagering. Contains provisions concerning tax and purse distributions. Provides that the Act repeals on January 1 of the 11th year following the year in which a sports wagering licensee begins sports wagering activity under the Act. Makes conforming changes in the Illinois Administrative Procedure Act, the Freedom of Information Act, the Illinois Horse Racing Act of 1975, and the Criminal Code of 2012.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5186 Detail]

Download: Illinois-2017-HB5186-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5186 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED:
See Index
Creates the Sports Wagering Act. Provides that the Act becomes operative when the federal Professional and Amateur Sports Protection Act is repealed by the United States Congress or overturned by the United States Supreme Court, whichever is earlier. Authorizes sports wagering in the State by organization licensees under the Illinois Horse Racing Act of 1975. Creates the Division of Sports Wagering within the Illinois Gaming Board to issue licenses under the Act. Provides for application and eligibility for sports wagering licensure. Provides license requirements for sports wagering licenses. Requires a sports wagering licensee to establish systems to verify that an authorized wagerer is 21 years of age or older. Provides persons not authorized to place sports wagers. Requires the Division to develop responsible gaming measures, including a statewide responsible gaming database. Creates the Responsible Sports Wagering Advisory Board to make recommendations to the Executive Director of the Division regarding the development of rules and procedures to reduce and prevent problem or compulsive gambling and youth gambling and to ensure the conduct of safe, fair, and responsible sports wagering. Contains provisions concerning tax and purse distributions. Provides that the Act repeals on January 1 of the 11th year following the year in which a sports wagering licensee begins sports wagering activity under the Act. Makes conforming changes in the Illinois Administrative Procedure Act, the Freedom of Information Act, the Illinois Horse Racing Act of 1975, and the Criminal Code of 2012.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5186 LRB100 17226 SMS 32385 b
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 Sports
Wagering Act.
Section 5. Legislative intent. The General Assembly finds
and declares that:
(1) It has been estimated that the illegal sports
wagering market in the United States is $400,000,000,000
annually. At present, the State of Illinois is roughly 4%
of the United States' population. Thus, Illinois citizens
could be illegally wagering as much as $16,000,000,000 each
year on sports or $1,250 each year for every person in
Illinois. Moreover, these wagers are being placed with no
protections for the citizens of Illinois. It is imperative
that the legalization of sports wagering in Illinois
encompass consumer protections to make certain that no
person under the age of 21 is allowed to place a sports
wager; that sports wagering is prohibited for youth
sporting events and limited to professional and collegiate
sporting events and athletic competitions; that any person
who cannot control his or her sports wagering activity on
his or her own can seek help for his or her addiction and

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have the ability to exclude himself or herself from sports
wagering activity or set limits on his or her sports
wagering activity and that moneys be provided to State
agencies that can provide that help; and that all wagering
locations have their sports wagering systems tested by a
reputable testing company approved by the Illinois Gaming
Board.
(2) The horse racing industry has lost more than 20,000
jobs since 1996, when more than 30,000 Illinoisans worked
in the industry as trainers, jockeys, drivers, grooms, hot
walkers, agents, veterinarians, blacksmiths, and workers
at Illinois breeding farms. Illinois lost these jobs
because 23 other states passed laws that supplement the
purse structures in their states while Illinois has not.
Because of the unequal purse structure of racing, horse
racing jobs have left the State and gone to states with a
higher purse structure. Horse racing is an agribusiness and
the loss of jobs in Illinois is directly related to the
rapid decline of the racehorse breeding industry in the
State. In 1996, over 3,000 registered racehorse foals were
born and there were 425 registered stallions. In 2010,
there were only about 1,200 registered racehorse foals born
that year and 185 stallions. In 2017, only 400 foals were
produced from just 90 stallions. As the jobs and the
agricultural impact left, so did the ability for industry
workers to find work in Illinois. Racing dates or racing

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opportunities are the way horsemen get paid. The more race
dates, the more races, the greater earning potential. In
1996, there were 6 different race tracks racing a total of
963 days in a year. In 2010, there were 5 different race
tracks, racing a total of 493 days in a year. In 2017,
there were only 3 different race tracks that raced a total
of 251 days. This legislation is intended to provide horse
racing with the help it needs to return the jobs that have
left, reinvigorate the breeding farms to produce more
Illinois horses, and provide a suitable amount of racing
opportunities so Illinois industry workers can make a
decent living in Illinois. To accomplish these goals, this
bill would authorize sports wagering but limit it to
inter-track wagering licensees and inter-track wagering
location licensees for a period of 10 years, when the law
will repeal. After 10 years, the General Assembly can
decide to continue helping the horse racing industry by
removing the repeal or open sports wagering to the State's
other gambling licensees.
Section 10. Operative date. This Act becomes operative when
the federal Professional and Amateur Sports Protection Act is
repealed by the United States Congress or when the United
States Supreme Court determines that Congress may not prohibit
states from authorizing sports wagering, whichever is earlier.

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Section 15. Definitions. As used in this Act:
"Adjusted gross receipts" means the total dollar amount of
cash or cash equivalents received from the conduct of sports
wagering minus the total of:
(1) cash or cash equivalents paid to winning wagerers
as a result of sports wagering; and
(2) the actual cost paid by a sports wagering licensee
for non-cash prizes awarded to wagerers as a result of
sports wagering.
"Authorized wagerer" means an individual who is not a
minor.
"Board" means the Illinois Gaming Board.
"Division" means the Division of Sports Wagering within
the Illinois Gaming Board.
"Minor" means a person under 21 years of age.
"Outstanding tickets" means winning wagers placed at a
sports wagering facility that have not been presented for
payment.
"Sporting event" means a professional or collegiate sports
or athletic event. "Sporting event" does not include horse
racing conducted under the Illinois Horse Racing Act of 1975.
"Sports wagering" means to wagering conducted on sporting
events.
"Sports wagering facility" means a physical location owned
or operated by a sports wagering licensee where sports wagering
is conducted.

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"Sports wagering licensee" means an organization licensee
licensed under the Illinois Horse Racing Act of 1975 eligible
for a sports wagering license under Section 35 of this Act.
Section 20. Sports wagering authorized.
(a) Sports wagering in Illinois is hereby authorized in
accordance with the provisions of this Act.
(b) This Act does not apply to the pari-mutuel system of
wagering used or intended to be used in connection with the
horse-race meetings as authorized under the Illinois Horse
Racing Act of 1975, lottery games authorized under the Illinois
Lottery Law, riverboat gambling authorized under the Riverboat
Gambling Act, video gaming authorized under the Video Gaming
Act, bingo authorized under the Bingo License and Tax Act,
charitable games authorized under the Charitable Games Act, or
pull tabs and jar games conducted under the Illinois Pull Tabs
and Jar Games Act.
(c) Sports wagering may be conducted in Illinois at
locations owned or operated by sports wagering licensees and
approved by the Board.
Section 25. Sports wagering limited; repeal.
(a) Sports wagering is limited to entities awarded
organization licenses, inter-track wagering licenses, and
inter-track wagering location licenses by the Illinois Racing
Board pursuant to the Illinois Horse Racing Act of 1975.

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(b) This Act repeals to allow the General Assembly to
revisit the impact of sports wagering on the citizens of
Illinois, the impact on the horse racing industry, and to
determine if sports wagering should be opened to other gambling
licensees in the State.
Section 30. Division of Sports Wagering. The Division of
Sports Wagering is established within the Board and shall have
all of the powers and duties specified in this Act and all
other powers necessary and proper to enable it to fully and
effectively execute the provisions of this Act for the purpose
of administering, regulating, and enforcing the system of
sports wagering established by this Act. The Division's
jurisdiction shall extend under this Act to every person,
corporation, partnership, or other entity involved in sports
wagering operations. To the extent consistent with the
provisions of this Act, the Division shall be subject to and
governed by the laws and rules applicable to the Board. The
Division shall be funded with moneys appropriated to the Board.
Section 35. Application and eligibility for licensure.
(a) The Division is authorized to issue sports wagering
licenses to persons, firms, partnerships, or corporations that
apply for such licensure upon a determination by the Division
that the applicant is eligible for a sports wagering license
under this Act and rules adopted by the Division.

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(b) A qualified applicant may apply to the Division for a
sports wagering license to offer wagering on sports as provided
in this Act. The application shall be made on forms provided by
the Division and shall contain such information as the Division
prescribes, including, but not limited to, detailed
information regarding the ownership and management of the
applicant, detailed personal information regarding the
applicant, financial information regarding the applicant, and
the wagering history and experience of the applicant in the
United States and other jurisdictions.
(c) Each application shall be accompanied by a
non-refundable application fee of $250,000.
(d) An application shall be filed and considered in
accordance with the rules of the Division. An incomplete
application shall be cause for denial of a license by the
Division.
(e) A person, association, corporation, partnership, or
entity commits a Class B misdemeanor for the first violation
and commits a Class A misdemeanor for a second or subsequent
violation if the person, association, corporation,
partnership, or entity: (i) knowingly makes a materially false
statement to obtain a sports wagering license; (ii) knowingly
advertises within the State of Illinois a game, product, or
feature that is not authorized by the license; or (iii)
violates any provision of this Act or any rule adopted under
this Act. In the case of an association, corporation,

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partnership, or entity, imprisonment may be imposed upon its
officers who knowingly participated in the violation.
(f) Notwithstanding any other law to the contrary, an
assignment or transfer of an interest in a sports wagering
license or a greater than 10% interest, direct or indirect, in
an entity holding a sport wagering license is subject to the
written approval by the Division. Approved transferees are
subject to a $250,000 non-refundable application fee.
(g) Eligibility for application for a sports wagering
license is limited to a person or entity that holds a valid and
unrevoked organization license issued pursuant to the Illinois
Horse Racing Act of 1975, but only if the organization licensee
conducted more than 30 days of live racing in calendar year
2017, except that 2 additional sports wagering licenses may be
issued to entities awarded organization licenses by the
Illinois Racing Board in or after 2018 that exclusively conduct
standardbred racing.
(h) A license fee of $5,000,000 shall be paid to the
Division by a sports wagering licensee at the time of issuance
of the license. All application and license fees shall be
deposited into the State Gaming Fund. The license fee imposed
by this Section shall constitute an advance payment of sports
wagering taxes owed by the sports wagering licensee.
Section 40. License requirements for sports wagering
licenses.

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(a) No sports wagering license may be awarded to any entity
that is eligible for a sports wagering license because of an
organization license awarded by the Illinois Racing Board,
unless the entity meets the following conditions:
(1) The entity must hold a valid organization license
awarded by the Illinois Racing Board for the term of the
sports wagering license.
(2) The entity must hold a valid inter-track wagering
license awarded by the Illinois Racing Board for the term
of the sports wagering license.
(3) The entity must hold valid inter-track wagering
location licenses awarded by the Illinois Racing Board for
the term of the sport wagering license.
(4) The entity must have a signed contract with the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who
race horses at that organization licensee's racing
meeting, with the right to execute or decline such contract
without condition, that stipulates:
(A) the number of races to be conducted at the
racing meeting and penalties for failure to conduct
those races;
(B) the amounts to be distributed to purse accounts
and penalties for failure to timely make such
distributions; and
(C) the elimination of money payable from purses to

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organization licensees under paragraph (13) of
subsection (g) of Section 26 of the Illinois Horse
Racing Act of 1975.
(5) In the event that an organization licensee conducts
racing for more than one breed of race horse, the entity
must have a signed contract stipulating all requirements in
paragraph (4) of this subsection (a) for each horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses
at that organization licensee's racing meeting and the
right to execute or decline the contract without condition.
(6) The entity may not receive any proceeds from
adjusted gross receipts during any period that adjusted
gross receipts are not being deposited into the purse
accounts as provided in the signed contract with the
applicable horsemen association.
(b) A sports wagering license issued under this Act shall
be valid until January 1, 2029.
(c) No license issued under this Act is transferable or
assignable.
Section 45. Distribution of license fees.
(a) Fees collected under Section 35 shall be deposited into
the State Gaming Fund.
(b) Fees collected under Section 35 shall be used as
follows:

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(1) 25% 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.
(2) 75% percent shall be used for the administration of
this Act.
Section 50. Age verification and responsible gaming.
(a) A sports wagering licensee shall establish systems
approved by the Division to verify that an authorized wagerer
is 21 years of age or older.
(b) A sports wagering facility shall limit entrance to
persons 21 years of age or older.
(c) If an authorized wagerer violates any provision of this
Act or rule adopted by the Division, then the wagerer's
winnings shall be forfeited. Forfeited winnings shall be
deposited into the State Gaming Fund.
(d) The following persons shall not be authorized to place
sports wagers at a sports wagering facility, except where
required and authorized by the Division for testing purposes or
to otherwise fulfill the purposes set forth in this Act:
(1) a minor under 21 years of age;
(2) a current member of the Lottery Control Board;
(3) a current officer or other person employed by the
Department of the Lottery, the Division, the Illinois
Racing Board, or the Board;

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(4) a spouse, civil union partner, child, brother,
sister, or parent residing as a member of the same
household in the principal place of abode of any persons
identified in this subsection (d); and
(5) an individual whose name appears in the Division's
responsible gaming database.
(e) The Division shall develop responsible gaming
measures, including a statewide responsible gaming database
identifying individuals who are prohibited from wagering on
sports. The Executive Director of the Division may place a
person on the responsible gaming database if that person:
(1) has been convicted in any jurisdiction of a felony
or a crime involving gaming;
(2) has violated this Act, the Illinois Horse Racing
Act of 1975, the Riverboat Gambling Act, the Raffles and
Poker Runs Act, the Illinois Pull Tabs and Jar Games Act,
the Bingo License and Tax Act, the Charitable Games Act, or
the Video Gaming Act;
(3) has performed any act or had a notorious or
unsavory reputation that would adversely affect public
confidence and trust in gaming; or
(4) has his or her name on any valid and current
exclusion list from another jurisdiction in the United
States or foreign jurisdiction.
(f) By rule, the Division shall adopt procedures for the
establishment and maintenance of the responsible gaming

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database. The Board and the Illinois Racing Board, in a format
specified by the Division, shall provide the Division with
names of individuals to be included in the responsible gaming
database. The Division may impose reasonable fees on persons
authorized to access and use the responsible gaming database.
(g) In a clear, conspicuous, and accessible manner, a
sports wagering licensee shall offer responsible gambling
services and technical controls to participants, including
both temporary and permanent self-exclusion for all sports
wagers offered; the ability for participants to establish their
own periodic deposit and wagering limits and maximum playing
times; referrals to crisis counseling and referral services for
individuals and families experiencing difficulty as a result of
problem or compulsive gambling; and other services as the
Division reasonably may determine are necessary or appropriate
to reduce and prevent problem gambling.
(h) An authorized wagerer who is allowed to participate in
sports wagering may voluntarily prohibit himself or herself
from sports wagering. The Division shall incorporate the
voluntary self-exclusion list into the responsible gaming
database and maintain both the self-exclusion list and the
responsible gaming database in a confidential manner.
(i) Notwithstanding any law to the contrary, the
self-exclusion list and responsible gaming database are not
public records subject to copying and disclosure under the
Freedom of Information Act.

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Section 55. Responsible Sports Wagering Advisory Board.
(a) There is created the Responsible Sports Wagering
Advisory Board to make recommendations to the Executive
Director of the Division regarding the development of rules and
procedures to reduce and prevent problem or compulsive gambling
and youth gambling and to ensure the conduct of safe, fair, and
responsible sports wagering. The Advisory Board shall consist
of the following members:
(1) the Chairman of the Board, who shall be an ex
officio member and shall serve as Chairperson;
(2) the Chairman of the Illinois Racing Board;
(3) the Executive Director of the Division, who shall
be an ex officio member;
(4) one representative from a national organization
dedicated to the study and prevention of problem gambling,
appointed by the Board;
(5) one member who is an academic professional engaged
in the study of problem gambling at a university or other
institution of higher learning, appointed by the Board;
(6) one member who has professional experience and
expertise in the field of technical and systemic controls
for responsible sports wagering, appointed by the Board;
(7) one member representing an organization licensee,
appointed by the Board;
(8) one member representing a horsemen's organization

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with a current contract with an organization licensee,
appointed by the Board; and
(9) one member who is an Illinois citizen and a member
of the public, appointed by the Board.
(b) Each Advisory Board member shall serve for a term of 4
years and until his or her successor is appointed and
qualified. However, in making initial appointments, 3 shall be
appointed to serve for 2 years and 3 shall be appointed to
serve for 4 years. Appointments to fill vacancies shall be made
in the same manner as original appointments for the unexpired
portion of the vacated term. Initial terms shall begin on the
effective date of this Act. Each member of the Advisory Board
shall be eligible for reappointment at the discretion of the
Board.
(c) A member of the Advisory Board may be removed from
office for just cause. Advisory Board members shall receive no
compensation but shall be reimbursed for expenses incurred in
connection with their duties as Advisory Board members.
(d) Six members shall constitute a quorum. A majority vote
of the Advisory Board is required for an Advisory Board
decision.
(e) The Advisory Board shall meet no less often than once
every 6 months and shall meet as often as the Chairperson deems
necessary. Advisory Board members are not liable for any of
their acts, omissions, decisions, or any other conduct in
connection with their duties on the Advisory Board, except

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those involving willful, wanton, or intentional misconduct.
(f) The Advisory Board may have such powers as may be
granted by the Executive Director to carry out the provisions
of this Act regarding responsible sports wagering.
Section 60. Outstanding tickets. The sum held by a licensee
for payment of outstanding tickets, if unclaimed prior to
December 31 of the next year, shall be retained by the licensee
for payment of those tickets until that date. Within 10 days
thereafter, the balance of the sum remaining unclaimed shall be
evenly distributed to the purse account of the organization
licensee and the organization licensee. An outstanding ticket
shall be honored until December 31 of the next calendar year.
Section 65. Imposition and distribution of tax.
(a) A tax of 30% is imposed on the adjusted gross receipts
of sports wagering and shall be collected by the Board and
deposited into the Capital Projects Fund.
(b) The tax shall be reported and remitted to the Board
within 15 days after the 15th day of each month and within 15
days after the end of each month by the sports wagering
licensee.
(c) A sports wagering licensee who falsely reports or fails
to report the amount due required by this Section commits a
Class 4 felony and is subject to termination of his or her
license by the Board.

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(d) 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.
Section 70. Non-cash prizes. Total of non-cash prizes may
not exceed 20% of the remainder of the total dollar amount of
cash or cash equivalents received from the conduct of sports
wagering minus the cash or cash equivalents paid to winning
wagerers as a result of sports wagering.
Section 75. Purse distributions.
(a) A sports wagering licensee shall pay no less than 30%
of adjusted gross receipts as purses.
(b) Until the Illinois Racing Board authorizes a new
standardbred track and the organization licensee operating the
new track receives a sports wagering license from the Division,
each sports wagering licensee shall transfer monthly an amount
equal to 12% of its adjusted gross receipts to the standardbred
purse account of the organization licensee awarded a
standardbred race meeting by the Illinois Racing Board.
(c) After a new standardbred track is authorized by the
Illinois Racing Board and receives a sports wagering license
from the Division, a sports wagering licensee may cease
transferring 12% of its adjusted gross receipts to standardbred
purse accounts.
(d) After a new standardbred track is authorized by the

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Illinois Racing Board, if an organization licensee is awarded
standardbred dates and thoroughbred dates, then the purse
moneys derived from sports wagering shall be redistributed pro
rata based on racing days awarded by the Illinois Racing Board.
Section 80. Rulemaking. The Board shall adopt emergency
rules to administer this Act 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 Act
is deemed an emergency and necessary to the public interest,
safety, and welfare.
Section 85. Sunset. This Act is repealed on January 1 of
the 11th year following the year in which a sports wagering
licensee begins sports wagering activity under this Act.
Section 905. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that

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requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

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emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency

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charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and

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the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of

HB5186 - 23 - LRB100 17226 SMS 32385 b
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid

HB5186 - 24 - LRB100 17226 SMS 32385 b
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year

HB5186 - 25 - LRB100 17226 SMS 32385 b
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year

HB5186 - 26 - LRB100 17226 SMS 32385 b
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the

HB5186 - 27 - LRB100 17226 SMS 32385 b
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted

HB5186 - 28 - LRB100 17226 SMS 32385 b
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by

HB5186 - 29 - LRB100 17226 SMS 32385 b
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for

HB5186 - 30 - LRB100 17226 SMS 32385 b
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 4.02 of the Illinois Act on Aging, Sections
5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
of the Alcoholism and Other Drug Abuse and Dependency Act, and
Sections 74 and 75 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (y) by the respective Department. The
adoption of emergency rules authorized by this subsection (y)
is deemed to be necessary for the public interest, safety, and
welfare.

HB5186 - 31 - LRB100 17226 SMS 32385 b
(z) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this
subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 80 of the Sports Wagering Act may be
adopted in accordance with this subsection (aa) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (aa) is deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
100-23, eff. 7-6-17; 100-554, eff. 11-16-17.)
Section 910. The Freedom of Information Act is amended by
changing Section 7.5 as follows:

HB5186 - 32 - LRB100 17226 SMS 32385 b
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 100-512 and
100-517)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.

HB5186 - 33 - LRB100 17226 SMS 32385 b
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse

HB5186 - 34 - LRB100 17226 SMS 32385 b
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.

HB5186 - 35 - LRB100 17226 SMS 32385 b
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry

HB5186 - 36 - LRB100 17226 SMS 32385 b
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent

HB5186 - 37 - LRB100 17226 SMS 32385 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(ll) The self-exclusion list and responsible gaming
database that are exempt from disclosure under Section 50
of the Sports Wagering Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
(Text of Section after amendment by P.A. 100-517 but before

HB5186 - 38 - LRB100 17226 SMS 32385 b
amendment by P.A. 100-512)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying

HB5186 - 39 - LRB100 17226 SMS 32385 b
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending

HB5186 - 40 - LRB100 17226 SMS 32385 b
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.

HB5186 - 41 - LRB100 17226 SMS 32385 b
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.

HB5186 - 42 - LRB100 17226 SMS 32385 b
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being

HB5186 - 43 - LRB100 17226 SMS 32385 b
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(jj) (ff) Information and reports that are required to
be submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(ll) The self-exclusion list and responsible gaming
database that are exempt from disclosure under Section 50
of the Sports Wagering Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

HB5186 - 44 - LRB100 17226 SMS 32385 b
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
11-2-17.)
(Text of Section after amendment by P.A. 100-512)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted

HB5186 - 45 - LRB100 17226 SMS 32385 b
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death

HB5186 - 46 - LRB100 17226 SMS 32385 b
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the

HB5186 - 47 - LRB100 17226 SMS 32385 b
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry

HB5186 - 48 - LRB100 17226 SMS 32385 b
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement

HB5186 - 49 - LRB100 17226 SMS 32385 b
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(jj) (ff) Information and reports that are required to
be submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) (ff) Information prohibited from disclosure under
the Seizure and Forfeiture Reporting Act.
(ll) The self-exclusion list and responsible gaming
database that are exempt from disclosure under Section 50

HB5186 - 50 - LRB100 17226 SMS 32385 b
of the Sports Wagering Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; revised 11-2-17.)
Section 915. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 3.11 and 26 and by adding Sections
3.31, 3.32, 3.33, and 55.1 as follows:
(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 Board to conduct a
race meeting or meetings. With respect only to sports wagering,
"organization licensee" includes the authorization for a
sports wagering license under Section 40 of the Sports Wagering
Act.
(Source: P.A. 79-1185.)
(230 ILCS 5/3.31 new)
Sec. 3.31. Sports wagering. "Sports wagering" means
wagering on sporting events as defined in the Sports Wagering
Act when conducted by an organization licensee pursuant to a
sports wagering license.

HB5186 - 51 - LRB100 17226 SMS 32385 b
(230 ILCS 5/3.32 new)
Sec. 3.32. Sports wagering license. "Sports wagering
license" means a license issued by the Illinois Gaming Board
under the Sports Wagering Act authorizing sports wagering at a
sports wagering facility as defined by the Sports Wagering Act.
(230 ILCS 5/3.33 new)
Sec. 3.33. Sports wagering facility. "Sports wagering
facility" means that portion of an organization licensee's race
track facility, inter-track wagering facility, and inter-track
wagering location facility that sports wagering is conducted.
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
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
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
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

HB5186 - 52 - LRB100 17226 SMS 32385 b
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
(b) 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
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) Until January 1, 2000, 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 paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.

HB5186 - 53 - LRB100 17226 SMS 32385 b
(c-5) Beginning January 1, 2000, 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.
(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.
(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

HB5186 - 54 - LRB100 17226 SMS 32385 b
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 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

HB5186 - 55 - LRB100 17226 SMS 32385 b
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 Board.
The 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 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

HB5186 - 56 - LRB100 17226 SMS 32385 b
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
Board. The Board may adopt rules under which it may permit
simulcast commission fees in excess of 6%. The Board shall
adopt rules limiting the interstate commission fees charged to
an advance deposit wagering licensee. The 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 organizational licensees. However,
organization licensees providing live signals pursuant to the
requirements of this subsection (g) may petition the Board to
withhold their live signals from an advance deposit wagering
licensee if the organization licensee discovers and the 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

HB5186 - 57 - LRB100 17226 SMS 32385 b
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 Board. The Board shall promulgate
rules 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, through
December 31, 2018, 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

HB5186 - 58 - LRB100 17226 SMS 32385 b
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 Board that
consent for an organization licensee that maintains its own
advance deposit wagering system is being unreasonably
withheld, the 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
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 Board. All advance deposit wagers
placed from within Illinois must be placed through a
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 Board. The 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

HB5186 - 59 - LRB100 17226 SMS 32385 b
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 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

HB5186 - 60 - LRB100 17226 SMS 32385 b
that race track facility proportionately based on the actual
number of host days that the 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 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 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.

HB5186 - 61 - LRB100 17226 SMS 32385 b
(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 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
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.

HB5186 - 62 - LRB100 17226 SMS 32385 b
(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 Board. All
licensees combining their gross pools at a sending
racetrack shall adopt the take-out 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 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

HB5186 - 63 - LRB100 17226 SMS 32385 b
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 Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) 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 as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, when the
interstate simulcast is a standardbred race, the purse
share to its standardbred purse account;

HB5186 - 64 - LRB100 17226 SMS 32385 b
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the purse
share to its interstate simulcast purse pool to be
distributed under paragraph (10) of this subsection
(g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
the purse share from wagers made during this time
period to its thoroughbred purse account and between
6:30 p.m. and 6:30 a.m. the purse share from wagers
made during this time period to its standardbred purse
accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the purse
share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the purse
share to its standardbred purse account.
(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

HB5186 - 65 - LRB100 17226 SMS 32385 b
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 Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be paid to its 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

HB5186 - 66 - LRB100 17226 SMS 32385 b
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
that racetrack requests from the 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

HB5186 - 67 - LRB100 17226 SMS 32385 b
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) If no live standardbred racing is conducted at a
racetrack located in Madison County in calendar year 2000
or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:
(A) Eighty percent to that licensee's thoroughbred
purse account to be used for thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt Stakes
Purse Distribution Fund before January 1, 2002 shall result
in the immediate revocation of the licensee's organization
license, inter-track wagering license, and inter-track
wagering location license.
Moneys paid into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this paragraph (7.3) shall be
paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county

HB5186 - 68 - LRB100 17226 SMS 32385 b
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of
Agriculture, with the advice and assistance of the Illinois
Standardbred Breeders Fund Advisory Board, 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 any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in calendar
year 2001 before the payment required under paragraph (7.3)
has been made, the organization licensee who is licensed to
conduct racing at that racetrack shall pay all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering during calendar years 2000 and 2001
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 2000 or
2001 to the standardbred purse account at that racetrack to
be used for standardbred purses.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
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.

HB5186 - 69 - LRB100 17226 SMS 32385 b
(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 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 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

HB5186 - 70 - LRB100 17226 SMS 32385 b
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 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 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
Board's certification shall be provided no later than

HB5186 - 71 - LRB100 17226 SMS 32385 b
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
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in accordance
with the provisions of this Section.
(h) The 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

HB5186 - 72 - LRB100 17226 SMS 32385 b
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
may be issued an inter-track wagering license; or (iii) at
a track awarded standardbred racing dates in 2019 and
thereafter; 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 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

HB5186 - 73 - LRB100 17226 SMS 32385 b
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 race track conducting
standardbred racing may have up to 9 inter-track wagering
locations. An application for said license shall be filed
with the Board prior to such dates as may be fixed by the
Board. With an application for an inter-track wagering
location license there shall be delivered to the Board a
certified check or bank draft payable to the order of the
Board for an amount equal to $500. The application shall be
on forms prescribed and furnished by the Board. The
application shall comply with all other rules, regulations
and conditions imposed by the Board in connection
therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules and
regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the 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
Board at a meeting to be held on such date as may be fixed
by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due

HB5186 - 74 - LRB100 17226 SMS 32385 b
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
inter-track wagering and simulcast wagering, the applicant
shall file with the 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 Board, and every such license issued by
the 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.

HB5186 - 75 - LRB100 17226 SMS 32385 b
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 5 miles from a
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 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

HB5186 - 76 - LRB100 17226 SMS 32385 b
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 500 feet of an existing
church or existing school, nor within 500 feet of the
residences of more than 50 registered voters without
receiving written permission from a majority of the
registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest part
of any building used for worship services, education
programs, residential purposes, 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 500
feet of a church, school or residences of 50 or more
registered voters if such church, school or residences have
been erected or established, or such voters have been
registered, after the 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

HB5186 - 77 - LRB100 17226 SMS 32385 b
to conduct inter-track wagering and simulcast wagering
shall be granted by the 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 jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the 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

HB5186 - 78 - LRB100 17226 SMS 32385 b
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.
(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

HB5186 - 79 - LRB100 17226 SMS 32385 b
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
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)

HB5186 - 80 - LRB100 17226 SMS 32385 b
4.75% of the pari-mutuel handle on inter-track wagering at
such location on races as purses, 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 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

HB5186 - 81 - LRB100 17226 SMS 32385 b
wagering location licensees during the calendar year in
which this provision is 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 as provided in
subparagraphs (D) and (E) of 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

HB5186 - 82 - LRB100 17226 SMS 32385 b
pari-mutuel handle on inter-track wagering wagered at such
location to satisfy all costs and expenses of 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

HB5186 - 83 - LRB100 17226 SMS 32385 b
and thereafter, 6.75%. The following amounts shall be
retained by the 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

HB5186 - 84 - LRB100 17226 SMS 32385 b
districts of 500,000 population or less, 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

HB5186 - 85 - LRB100 17226 SMS 32385 b
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 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

HB5186 - 86 - LRB100 17226 SMS 32385 b
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, 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

HB5186 - 87 - LRB100 17226 SMS 32385 b
any park district but is 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
appointed by the Governor consisting of the following

HB5186 - 88 - LRB100 17226 SMS 32385 b
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 be
reimbursed for all actual and necessary expenses and

HB5186 - 89 - LRB100 17226 SMS 32385 b
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,
except an inter-track wagering licensee that

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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
Illinois races shall be to purses at the track

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where the race meeting being wagered on is being
held.
(12) The 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 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 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 Board, and any person or persons 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

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may, in the opinion of the 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 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 Board shall name and appoint a State
director of this wagering who shall be a representative
of the 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 Board; such
rules and regulation shall specify the method of
appointment and the Director's powers, authority and
duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against 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 Board, any
order of the Board or any other action which in the

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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 Board before such
wagering may be conducted. In determining whether to grant
approval, the Board shall give due consideration to the
best interests of the public and of horse racing. The
provisions of paragraphs (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

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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. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
100-201, eff. 8-18-17.)
(230 ILCS 5/55.1 new)
Sec. 55.1. Sports wagering.
(a) A person, firm, corporation, or limited liability
company having operating control of a race track may apply to
the Illinois Gaming Board for a sports wagering license.
(b) A sports wagering license shall authorize its holder to

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conduct sports wagering at its sports wagering facilities at
the following:
(1) the grounds of the race track that the sports
wagering licensee has operating control;
(2) at an inter-track wagering facility that the sports
wagering licensee has operating control; and
(3) at inter-track wagering location facilities that
the sports wagering licensee has operating control.
Section 920. The Criminal Code of 2012 is amended by
changing Section 28-1 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for money
or other thing of value, unless excepted in subsection (b)
of this Section;
(2) knowingly makes a wager upon the result of any
game, contest, or any political nomination, appointment or
election;
(3) knowingly operates, keeps, owns, uses, purchases,
exhibits, rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device;
(4) contracts to have or give himself or herself or
another the option to buy or sell, or contracts to buy or

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sell, at a future time, any grain or other commodity
whatsoever, or any stock or security of any company, where
it is at the time of making such contract intended by both
parties thereto that the contract to buy or sell, or the
option, whenever exercised, or the contract resulting
therefrom, shall be settled, not by the receipt or delivery
of such property, but by the payment only of differences in
prices thereof; however, the issuance, purchase, sale,
exercise, endorsement or guarantee, by or through a person
registered with the Secretary of State pursuant to Section
8 of the Illinois Securities Law of 1953, or by or through
a person exempt from such registration under said Section
8, of a put, call, or other option to buy or sell
securities which have been registered with the Secretary of
State or which are exempt from such registration under
Section 3 of the Illinois Securities Law of 1953 is not
gambling within the meaning of this paragraph (4);
(5) knowingly owns or possesses any book, instrument or
apparatus by means of which bets or wagers have been, or
are, recorded or registered, or knowingly possesses any
money which he has received in the course of a bet or
wager;
(6) knowingly sells pools upon the result of any game
or contest of skill or chance, political nomination,
appointment or election;
(7) knowingly sets up or promotes any lottery or sells,

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offers to sell or transfers any ticket or share for any
lottery;
(8) knowingly sets up or promotes any policy game or
sells, offers to sell or knowingly possesses or transfers
any policy ticket, slip, record, document or other similar
device;
(9) knowingly drafts, prints or publishes any lottery
ticket or share, or any policy ticket, slip, record,
document or similar device, except for such activity
related to lotteries, bingo games and raffles authorized by
and conducted in accordance with the laws of Illinois or
any other state or foreign government;
(10) knowingly advertises any lottery or policy game,
except for such activity related to lotteries, bingo games
and raffles authorized by and conducted in accordance with
the laws of Illinois or any other state;
(11) knowingly transmits information as to wagers,
betting odds, or changes in betting odds by telephone,
telegraph, radio, semaphore or similar means; or knowingly
installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this
subdivision (11) prohibits transmission or receipt of such
information for use in news reporting of sporting events or
contests; or
(12) knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of

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chance or skill for money or other thing of value by means
of the Internet or to make a wager upon the result of any
game, contest, political nomination, appointment, or
election by means of the Internet. This item (12) does not
apply to activities referenced in items (6) and (6.1) of
subsection (b) of this Section.
(b) Participants in any of the following activities shall
not be convicted of gambling:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance.
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest.
(3) Pari-mutuel betting as authorized by the law of
this State.
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; or the manufacture, distribution, or possession of
video gaming terminals, as defined in the Video Gaming Act,
by manufacturers, distributors, and terminal operators

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licensed to do so under the Video Gaming Act.
(5) The game commonly known as "bingo", when conducted
in accordance with the Bingo License and Tax Act.
(6) Lotteries when conducted by the State of Illinois
in accordance with the Illinois Lottery Law. This exemption
includes any activity conducted by the Department of
Revenue to sell lottery tickets pursuant to the provisions
of the Illinois Lottery Law and its rules.
(6.1) The purchase of lottery tickets through the
Internet for a lottery conducted by the State of Illinois
under the program established in Section 7.12 of the
Illinois Lottery Law.
(7) Possession of an antique slot machine that is
neither used nor intended to be used in the operation or
promotion of any unlawful gambling activity or enterprise.
For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier.
(8) Raffles and poker runs when conducted in accordance
with the Raffles and Poker Runs Act.
(9) Charitable games when conducted in accordance with
the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act.
(11) Gambling games conducted on riverboats when
authorized by the Riverboat Gambling Act.
(12) Video gaming terminal games at a licensed

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establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment when conducted in accordance with the Video
Gaming Act.
(13) Games of skill or chance where money or other
things of value can be won but no payment or purchase is
required to participate.
(14) Savings promotion raffles 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 (12 U.S.C.
25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
1463).
(15) Sports wagering conducted in accordance with the
Sports Wagering Act.
(c) Sentence.
Gambling is a Class A misdemeanor. A second or subsequent
conviction under subsections (a)(3) through (a)(12), is a Class
4 felony.
(d) Circumstantial evidence.
In prosecutions under this Section circumstantial evidence
shall have the same validity and weight as in any criminal
prosecution.
(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
Section 995. No acceleration or delay. Where this Act makes

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changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
HB5186 - 102 - LRB100 17226 SMS 32385 b
INDEX
Statutes amended in order of appearance