SCRANTON, PA – October 13, 2026 − State Senator Marty Flynn (D-22) expressed concern today as Pennsylvania reaches the end of the 120-day period established by the Pennsylvania Supreme Court for the continued operation of skill games, without the General Assembly reaching a bipartisan agreement on legislation to regulate and tax the machines.
On June 15, the Pennsylvania Supreme Court ruled that skill games fall under the definition of slot machines in Pennsylvania’s Gaming Act. The court delayed enforcement of its decision for 120 days, giving lawmakers an opportunity to address the issue. With that period ending today, businesses operating these machines without the required gaming licenses face enforcement beginning October 14.
“It is unfortunate that we were unable to come together on a bipartisan solution before this deadline,” said Senator Flynn. “I have supported efforts to keep skill games operating legally because I recognize what they mean to small businesses across Pennsylvania. For many of these establishments, the additional revenue helps pay employees, cover operating expenses, and keep their doors open. Unfortunately, we have reached a point where those businesses are now facing the loss of that income.”
Senator Marty Flynn is a co-sponsor of Senate Bill 1079, bipartisan legislation introduced to establish a regulatory and licensing framework for skill games in Pennsylvania. The legislation would allow qualifying businesses to continue operating the machines legally while establishing oversight and generating additional revenue for the Commonwealth.
“I have always believed there is a way to support our small businesses while making sure these machines are properly regulated and taxed,” Senator Flynn continued. “We are talking about an industry worth approximately $1 billion annually that has been operating without paying its fair share in taxes. We had an opportunity to establish clear rules, protect consumers, and create a new source of recurring tax revenue that could help fund essential state programs and services while allowing small businesses to continue benefiting from these machines. It is unfortunate that we could not reach an agreement that accomplished those goals ahead of the court-imposed deadline.”
Despite the expiration of the court’s 120-day period, Senator Flynn emphasized that the General Assembly still has the authority to address the issue through legislation.
“This deadline should not be the end of the conversation,” Senator Flynn said. “I remain committed to finding a legislative solution that allows skill games to return to our small businesses under a responsible regulatory framework. There is bipartisan interest in addressing this issue, and I hope we can build on that common ground to reach an agreement. These businesses deserve clarity and a path forward, and I will continue supporting efforts to get us there.”