Pennsylvania HB 1619: An Act providing for regulation of skill gaming; imposing duties on Department of Revenue; establishing a regulatory program within Department of Revenue governing skill gaming; providing for issuance of licenses; imposing criminal and civil penalties; and providing for zoning.

Bill Text

PRINTER'S NO. 1953
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1619
Session of
2025
INTRODUCED BY BENNINGHOFF, ARMANINI, BANTA, BARTON, BERNSTINE,
CAUSER, COOK, DELOZIER, ECKER, FLICK, FRITZ, HAMM, HEFFLEY,
IRVIN, JAMES, T. JONES, KAIL, KEPHART, KOZAK, KUTZ, MUSTELLO,
RIGBY, ROWE, SCHEUREN, SCHLEGEL, SMITH, STENDER, TWARDZIK,
WARNER AND WATRO, JUNE 16, 2025
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JUNE 17, 2025
AN ACT
Providing for regulation of skill gaming; imposing duties on
Department of Revenue; establishing a regulatory program
within Department of Revenue governing skill gaming;
providing for issuance of licenses; imposing criminal and
civil penalties; and providing for zoning.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Program
Section 301. Regulation of skill games.
Section 302. Distribution, operation and use of skill games.
Chapter 5. Licensure
Section 501. Licenses.
Section 502. Licensing requirements.
Section 503. Granting licenses.
Section 504. License application and renewal fees.
Section 505. Issuance of license.
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Section 506. Term of license.
Section 507. License renewal.
Section 508. Suspension or revocation of license.
Chapter 7. Certification Requirements
Section 701. Skill game testing.
Section 702. Reporting.
Chapter 9. Distributors
Section 901. Authorization to distribute skill games.
Section 902. System requirements.
Chapter 11. Operators
Section 1101. Duties of operators.
Section 1102. Reporting.
Chapter 13. Establishments
Section 1301. Authorization to use skill games.
Section 1302. Qualifications for establishments.
Chapter 15. Players
Section 1501. Authorization to play and receive winnings.
Section 1502. Winnings as compensation.
Chapter 17. Tax
Section 1701. Taxes on gross profits.
Chapter 19. Administration
Section 1901. Governing practices and procedures.
Section 1902. Law enforcement notification.
Chapter 21. Criminal and Civil Penalties
Section 2101. Criminal distribution and operation of unlicensed
skill games.
Section 2102. Criminal redemption of value to individual under
18 years of age.
Section 2103. Additional penalties.
Chapter 25. Miscellaneous Provisions
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Section 2501. Conflicts with other laws.
Section 2502. Zoning and use requirements.
Section 2503. Notice.
Section 2504. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Skill Gaming
Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person that applies for authorization to
engage in an act or activity regulated under this act.
"Cash." United States currency or coin.
"Cash equivalent." An instrument with a value equivalent to
United States currency or coin, including certified checks,
cashier's checks, money orders or any other representation of
value as deemed a cash equivalent by the department.
"Controlling interest."
(1) In the case of a publicly traded entity, the holding
of sole voting rights under State law or under the entity's
governing documents that entitles the person to elect or
appoint one or more members of the board of directors or
other governing body, or the holding of an ownership or
beneficial interest in 5% or more of the entity's securities,
unless the presumption of control is rebutted by clear and
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convincing evidence.
(2) In the case of a privately held corporation,
partnership, limited liability company or other privately
held legal entity, the holding of securities in the entity,
unless the presumption of control is rebutted by clear and
convincing evidence.
"Department." The Department of Revenue of the Commonwealth.
"Distributor." An entity licensed by the department to sell,
lease, offer, provide or distribute skill games to an operator
for use or play in this Commonwealth.
"Entity." A domestic or foreign:
(1) business corporation;
(2) nonprofit corporation;
(3) general partnership;
(4) limited partnership;
(5) limited liability company;
(6) unincorporated nonprofit association;
(7) professional association; or
(8) business trust, common law trust or statutory trust.
"Establishment." An entity licensed by the department that
permits a licensed operator to place and operate skill games on
its premises under this act.
"Gross profits." The total amount of cash or cash
equivalents received by skill games, less the total amount of
cash or cash equivalents paid out to players as a result of
playing skill games.
"Independent testing laboratory." A nongovernmenta