Online Gambling Pa Law
[toc]Pennsylvania could join Nevada with single-game sports betting, thanks to a law signed by Gov. Tom Wolf on Monday.
That bill authorized a myriad of new gaming options in the state, including online poker and casino games and regulation of daily fantasy sports. But it also sets up Pennsylvania to offer legal sports betting, should things break right in the near future.
The author of a standalone sports betting bill — Rep. Rob Matzie — offered this statement to ESPN’s David Purdum:
Statement from Pennsylvania Rep. @RobMatzie, who spearheaded the state's sports betting efforts: pic.twitter.com/JYsv5VtPzA
— David Payne Purdum (@DavidPurdum) October 30, 2017
Still, 2018 could be an optimistic timeframe for sports betting to happen in PA.
toc Pennsylvania could join Nevada with single-game sports betting, thanks to a law signed by Gov. Tom Wolf on Monday. That bill authorized a myriad of new gaming options in the state, including online poker and casino games and regulation of daily fantasy sports. Location on the gaming floor. Notice and connection to the central control computer system. Slot machine, electronic wagering terminal and fully automated electronic gaming table master lists. Off premises storage of slot machines, electronic wagering terminals and fully automated electronic gaming.
Online Gambling Pa Laws
The uphill battle of legalizing online gambling in the state of Pennsylvania had been ongoing for five years when on October 30, 2017 the struggle finally ended as Gov. Tom Wolf signed the online gambling expansion into law.
PA sports betting needs more than just the new law
Everything else PA just legalized on the gaming front needs nothing more to become law, from a purely legal standpoint. (Obviously, more goes into implementing the different aspects of the law, including licensing and writing of regulations.)
The same is not the case for the sports betting portion of the PA law, however. The law needs a change at the federal level to take effect. Currently, the Professional and Amateur Sports Protection Act (PASPA) bans single-game wagering outside of Nevada.
That means a change to that law would need to come first. The quickest and most likely avenue to that is the New Jersey sports betting case in the US Supreme Court. A verdict declaring PASPA unconstitutional would allow PA to move forward right away.
Still, that decision is not likely until the spring of 2018, and that outcome is far from a given.
Here’s the language from the bill mentioning federal law:
The Board shall, when federal law is enacted or repealed or a federal court decision is filed that permits a state to regulate sports wagering, publish a notice in the Pennsylvania Bulletin certifying the enactment or repeal or the filing of the decision.
Short of a SCOTUS decision in New Jersey’s favor, PA would need Congress to repeal or amend PASPA for the sports betting law to take effect.
Delaware passed a law in 2009 attempting to legalize single-game wagering, but that was struck down in court because of PASPA. Delaware still offers parlay wagering legally.
What’s in the PA sports betting law?
More about the nuts and bolts of the law here, including analysis of timing and other provisions.
The bill includes a 36-percent tax rate on sports wagering revenue, which is a ridiculously high number for what is a low-margin gaming product to start out with. Lawmakers would be smart to rein that number by changing the law in 2018, before it takes effect. (The licensing fee is also a steep $10 million.)
Beyond that, the bill also provides for mobile and online sports betting — meaning it can take place outside of the state’s land-based gaming facilities. It also allows for wagering on professional and collegiate sports, potentially putting the state at odds with the NCAA.
Full sports betting language from the PA gaming bill here:
PA Sports SectionWhere will you be able to bet on sports in PA?
The short answer: Potentially anywhere in the state.
Here’s the definition of “sports wagering” from the law (emphasis added):
“Sports wagering.” The business of accepting wagers on sporting events or on the individual performance statistics of athletes in a sporting event or combination of sporting events by any system or method of wagering, including over the internet through websites and mobile applications.
Betting online
Because the statute allows for online sports betting, all you would need to bet is an internet connection or a mobile device with cell service. That means you would simply need to be within the state’s borders to legally place a bet; you don’t have to be a resident of the state.
You would still have to register an account in PA, and the logistics of how that will happen for sports bettors would still need to be worked out. And we still have no idea who will attempt to offer mobile/online wagering. But certainly some licensees would.
Betting at casinos
If you didn’t want to bet online, you would obviously be able to place bets at a physical location.
Where that will happen is still up in the air. The law allows any “slot machine licensee” in the state to apply for a “sports wagering certificate” at a cost of $10 million each. Because of the huge outlay of cash up front and the high tax rate, it’s not a guarantee that every licensee would buy into this, as written.
But, if they all did, you could eventually place sports bets at all 12 of the state’s licensed casinos/racinos:
- Harrah’s Philadelphia, Chester
- Hollywood Casino at Penn National Race Course, Grantville
- The Meadows Racetrack and Casino, North Strabane Twp.
- Mohegan Sun at Pocono Downs, Wilkes-Barre
- Parx Casino and Racing, Bensalem
- Presque Isle Downs & Casino, Erie
- Mount Airy Casino Resort, Mt. Pocono
- Rivers Casino, Pittsburgh
- Sands Casino Resort Bethlehem, Bethlehem
- SugarHouse Casino, Philadelphia
- Lady Luck Casino Nemacolin, Farmington
- Valley Forge Casino Resort, King of Prussia
There’s also another casino — Live! Philadelphia Casino and Hotel — that is planned. That’s in the city’s stadium district and would be a no-brainer for a sportsbook.
The law even thinks of the fact that there is likely not space in some casinos, as constructed, to put a sportsbook. So it authorizes temporary books:
Temporary facilities.–the board may permit a sports wagering certificate holder to conduct sports wagering at a temporary facility that is physically connected to, attached to or adjacent to a licensed facility, as approved by the board, for a period not to exceed 18 months.
Pennsylvania’s gambling laws permit brick-and-mortar and online gambling forms to operate and serve PA residents if licensed, y either the state or an offshore jurisdiction.
In 2017, long before the confirmed removal of PASPA, the Keystone State enacted laws which expanded gambling permission for domestic sportsbooks and online casino, poker, and wagering offers.
This page will educate PA residents and state visitors on statutes affecting domestic and international online gambling and how the federal laws tie-in.
Department Of Justice Clears Path For Online Gambling
For some time, the Federal Wire Act blocked all US-based online gambling and even was interpreted to prohibit offshore online gambling during its darkest hour. This was due to anti-gambling lawmakers pressuring then-Presidential administration and the Justice Department to block all forms of online gambling.
However, in 2011 the US Department of Justice wrote a memo which changed how the Federal Wire Act was interpreted by stating the law only applied to the prohibition of domestic-based (intrastate; later clarified in 2018 due to PASPA’s removal) online sports betting and had no jurisdiction over licensed offshore gambling offers.
The release of online casino and poker from the Wire Act’s prohibition provided states with the right to draft legislation which would legalize state-based online casino and poker gambling. Not many states have done so, but Pennsylvania took full advantage in 2017 by legalizing all forms of state-licensed online gambling through H271, H392, and S477.
These laws permit PA to offer domestic sports wagering, online casino games, online poker games, online bingo games, lottery, video gaming terminals at truck stops, DFS, and online sports betting.
Other Pennsylvania Gambling Pages
PA Online Sports Betting
Even though PA included provisions for sports betting, the state had to wait on the outcome of the Murphy v. NCAA case, which through a Supreme Court decision repealed the long-standing federal ban on sports gambling. Due to legislation passed in October of 2017, Pennsylvania began working on building partnerships and gaining sports betting license applications from a brick-and-mortar casino.
The state hopes to offer online sports betting soon but may not be able to by the end of 2018 since the state just recently launched their physical sportsbook venues in November of 2018. In the meantime, PA bettors can utilize licensed offshore online sportsbooks for PA players.
Wire Act Still Looms In Background
The Federal Wire Act is still technically active and would ban interstate betting through US-based platforms. Therefore, any state considering the launch of a mobile sportsbook must utilize geo-location technology to prevent out of state residents from gambling on a PA sports betting platform. If a player from outside of PA wagered on a PA sportsbook via an online connection, the operator of the online sportsbook would be in violation of the Wire Act.
Land-Based Gambling Options
Pennsylvania has had legal brick-and-mortar gambling since 2004 with the introduction of HB 2330 which allowed over 60,000 slot machines to be placed on PA racetracks and other facilities.
By 2006, PA established the Pennsylvania Gaming Control Board and more brick-and-mortar casinos began to pop up. Through SB 711, table games were legalized in 2010, bringing in a lot more revenue to the state. In 2017, PA passed multiple bills which legalized various online gambling forms, called interactive gaming, and domestic sports gambling.
Do You Have To Be A PA Resident To Access Their Domestic Gambling Sites?
Players do not have to be an official resident of Pennsylvania to access these domestic sites as these sites use geolocation technology to allow anyone within PA borders to gamble on their state-licensed domestic online platforms. PA wants to obtain dollars from other states not offering the same interactive technology and thus would not want to limit its market to PA residents only.
How Do Offshore Gambling Sites Fit In?
Prior to Pennsylvania passing domestic online casino/poker and sports betting laws in 2017, residents could only access viable licensed online gambling through offshore gambling sites. These offshore sites are considered legal if they have the proper legal licensing and are regulated by a respected international jurisdiction.
Even within PA state laws there was, and still is, no explicit prohibition against PA players using licensed offshore gambling sites. However, Pennsylvania has strict prohibitions against unlicensed state-based online gambling platforms.
Do Federal Laws Permit Offshore Gambling?
Federal laws do not prohibit the use of licensed offshore online gambling sites. These sites are based outside US jurisdiction, therefore, the US Federal Government has little regulatory power over them.
However, PA residents can rest assured that the sites recommended in our guide are legal because of their licensing and strict regulatory protocols, as well as, compliance with global industry standards.
Pennsylvania Gambling Laws FAQs
How Can I Fund My Online Account?
Pennsylvanians have to use alternative methods to fund their online gambling accounts due to banking regulations laws implemented by the UIGEA. Whether the online gambling site is licensed by the state or located offshore, the UIGEA has prevented banks from knowing processing gambling transactions making it harder for players to fund their account using their debit or credit cards.
PA licensed online sites will require players to use person to person transferring methods, deposit cash at a physical location, or ask players to set up a casino credit card. However, licensed offshore online sites offer more deposit methods like bank wiring, money grams, preloaded prepaid gift cards, person to person transfers, and cryptocurrency. Withdrawals in both cases with typically be a mailed check.
Can I Go On A State-Licensed Online Gambling Site Right Now?
Online Gambling Pa Lawyers
From a legislative standpoint, yes, however, Pennsylvania’s domestic online casino and poker sites have not launched yet. There are still some casino operators working on the development of their online casino, poker, and sportsbook skins. Nonetheless, PA players can utilize licensed offshore PA gambling sites to get their online casino fix immediately.
When Can I Start Wagering On Sports In PA?
Online Gambling Pa Lawyer
Pennsylvania just launched their brick and mortar sportsbook venue in November of 2018 at the Hollywood Casino at the Penn National Race Course. More PA casino venues will launch their sportsbooks in the next coming weeks.
When Will PA Launch Online/Mobile Sports Betting?
Online Gambling Palace
According to the legislation, there is a possibility for online and mobile wagering. PA operators are also eyeing mobile betting. Nevada and New Jersey have already implemented online/mobile sportsbooks and have seen wild success. Therefore, it is likely that Pennsylvania’s online sports betting system will launch soon.