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Pennsylvania Bill Seeks Regulation of Prediction Markets

Pennsylvania Bill Seeks Regulation of Prediction Markets
Pennsylvania Bill Seeks Regulation of Prediction Markets
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House Bill 2711, a new proposal in Pennsylvania, aims to introduce state regulation for prediction markets and allow for sports event contracts. The bill, spearheaded by Representative Tarik Khan, has landed in the Consumer Protection, Technology and Utilities Committee for further consideration. It arrives with bipartisan support, co-sponsored by 20 Democrats and four Republicans.

Framework for Prediction Markets

The core of HB 2711 is to amend Pennsylvania’s Title 4 statutes by adding Chapter 20, which defines prediction markets as platforms for speculative positions on future events. These platforms would operate in a bid-ask format, setting specific standards providers must follow. Notably, they must ensure no one under 21 can open an account or take positions. They must also uphold exclusion policies for self-excluded users, internal staff, settlement source employees, and those with access to nonpublic information. The proposed legislation explicitly bans betting on sporting events that involve minors or high school teams, markets betting on an individual’s health status, and death-related markets. The bill addresses concerns about the integrity and ethical implications of betting on such sensitive subjects.

Operational and Compliance Requirements

A critical component is the restriction on providers if their liquidity source or market maker routinely engages in gaming activities, whether in Pennsylvania or beyond. This extends to affiliates, subsidiaries, parent companies, and any associated entities. By setting these boundaries, the bill aims to avoid conflicts of interest and maintain market integrity. Enforcement of these regulations would be under the jurisdiction of the Attorney General or relevant district attorneys. Civil penalties could reach $10,000 per violation, increasing to $50,000 for repeated offenses. And the potential for steep fines signals the state’s commitment to compliance.

Exclusion from Gaming Taxes

Interestingly, the bill doesn’t place prediction markets under the Pennsylvania Gaming Control Board’s oversight, nor does it levy taxes on them. This has puzzled some in the industry, given the state’s active role in gaming oversight elsewhere. Industry insiders might see this exclusion as a strategic move to foster innovation without the immediate burden of regulatory fees. What the bill doesn’t resolve is how prediction markets will fit long-term within Pennsylvania’s broader gaming ecosystem. And industry data shows that other states have varied approaches, with some integrating prediction markets into existing gaming frameworks, while others keep them at arm’s length.

Next Steps

The critical test comes in committee discussions. If approved, the bill could reshape how speculative and predictive wagering operates in Pennsylvania. All eyes are now on the committee’s schedule, with expectations that a decision could come in the next legislative session.

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