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The Pennsylvania Supreme Court gave lawmakers 120 days to pass legislation that would require a regulation framework for skill games across the state. Representative Kerry Benninghoff isn’t confident it will happen.
Benninghoff introduced legislation in June 2025 which would not require an additional tax or fee on skill games.
Since the Supreme Court handed down its ruling last month, the clock is ticking. Should the time run out, law enforcement can resume seizing skill games machines.
Lawmaker says deadline isn’t the priority
The state Supreme Court ruled that skill games are subject to both the Pennsylvania Gaming Act and the Crimes Code, essentially making them illegal outside of Pennsylvania retail casinos.
The court issued 120 days for lawmakers to make the games legal for formal regulations. Benninghoff doesn’t believe the deadline should be the focus. He told WJAC:
“I think that 120 days is somewhat arbitrary. It’s about what’s right and doing it well and not hitting a particular deadline. I think that deadline is more for Skills, that their machines are going to be removed out of the establishments at that point.”
Benninghoff revealed that talks of regulation and taxation are likely ongoing. However, an agreement might be made after the 120-day deadline.
Bill is stalled in committee
Benninghoff created a memo in April 2025 and his bill HB 1619 was referred to the Gaming Oversight in June 2025. It has not moved since.
Benninghoff is one of the only legislators to introduce regulation without an additional tax on the machines. He said in his memo:
“Businesses and establishments distributing, servicing, and operating skill games are subject to sales, personal income, and property taxes as well as other local taxes. These establishments are already struggling to make ends meet and depend on the supplemental revenue these games provide.
“Therefore, I will not propose an additional burdensome ‘special’ tax on these establishments.”
When the bill was formally introduced months later, Benninghoff stuck to his word.
Reviewing other proposals
There have been several skill games proposals that have had different ideas on regulation and taxation. Benninghoff is on an island with his structure.
The others all have some kind of tax framework built in:
- Sen. Gene Yaw: Introduced SB 626, which enacts a 16% tax on the machines
- Sen. Gene Yaw: Introduced SB 1079, establishing fees
- Sen. Chris Gebhard: Introduced SB 756, which includes a 35% tax on the machines
- Rep. Danilo Burgos: Introduced HB 2046, establishing fees and cutting taxes for Category 4 mini-casinos
- A second proposal from Burgos that would impose a $500 monthly fee per terminal and cap the number of machines statewide at 50,000
Since ideas are all over the map, it’ll make it that much harder for lawmakers to reach an agreement, especially as the budget is late for a fifth consecutive year.
It does appear that skill games will be regulated at some point. It is more of a matter of when and not if.
