Representatives Push for Extension on Pennsylvania Skill Games

Since June, a state Supreme Court decision has hung over the legality of Pennsylvania skill games. Now the Keystone State is down to two weeks, and a pair of lawmakers have decided that’s not enough time.

Rep. Brad Roae (R-Meadville) and Rep. Manny Guzman (D-Reading) have announced competing bills with similar goals. Both bills would push the ultimate decision back until April 13, but Roae’s bill, HB 2795, would add a temporary category treating skill games differently from slot machines. Guzman’s bill, HB 2793, would simply leave the status quo in place until April 13.

Either bill would accomplish both representatives’ ultimate goal. With elections ramping up and the legislature mostly concerned with old business from the summer, adding another task could result in a rushed bill that doesn’t solve anything. Instead, both representatives want the games to remain legal until the full legislature can figure things out.

Why Are Pennsylvania Skill Games On a Time Crunch?

In June, the Pennsylvania Supreme Court made its decision on POM of Pennsylvania v. Commonwealth. By a 4-2 decision, the Court declared Pennsylvania skill games to be no different from slot machines, and thus illegal outside of licensed casinos.

That’s a problem in the Keystone State, because many community buildings include skill games at their facilities. Roae noted that places such as VFW halls and Elks Club lodges offer skill games, and the revenue they bring are an important part of their budgets. Across the state, it’s estimated that 70,000 machines are in operation.

“Local small businesses include skill games revenue in their business models in their challenge to make sure that revenue exceeds expenses and they can keep their doors open,” Roae said. “The skill games industry is responsible for many jobs manufacturing the machines and servicing them. If the October 13, 2026 date arrives with no new law, the impact will be very bad.”

When the Court made its decision, it stayed the order for 120 days. That set the Oct. 13 deadline, seemingly enough time to reach a solution. However, Pennsylvania lawmakers have spent most of the summer out of session. September marked their return to Harrisburg, but they’ve only got five scheduled working days left before the deadline.

How Are the Bills Different?

The biggest difference is that HB 2795 would create a new category for Pennsylvania skill games. This would exempt skill games from the taxes that slot machines pay in the state, until the law expired on April 13.

One of the biggest sticking points in this discussion has been the tax rate. In Pennsylvania, slot machines with no skill involved are taxed at 52%, while table games pay a 16% tax. Lawmakers haven’t come to any consensus whether skill games should be taxed like table games, slots or somewhere in between.

Further complicating matters is Rep. Ben Waxman’s bill, HB 2557. Waxman (D-Philadelphia) has proposed allowing individual municipalities to ban skill games from their towns. It’s unlikely a full decision would come without carefully considering Waxman’s bill.

Which Bill Is More Likely to Pass?

Guzman’s bill changes nothing but the deadline, which could result in a cleaner vote. That’s important for Pennsylvania, one of the most closely divided states in the nation. Democrats hold a three-seat majority in the Pennsylvania House, while Republicans hold a four-seat edge in the Pennsylvania Senate.

There’s another reason for Guzman’s bill to pass: Democrats appear increasingly likely to have a strong election night. If the decision on Pennsylvania skill games passes to the next General Assembly, Democrats might no longer need Republican support. If they can flip three seats in November, they would control all three levers of government in January. That could change the ultimate outcome for skill games considerably.