Potential Return of Skill Games in Virginia as SB 611 Awaits Governor’s Approval

Virginia Considers Bringing Back Skill Games with New Legislation
There is a growing possibility that skill games could once again become a fixture in Virginia, following the passage of Senate Bill 611. This legislation proposes the installation of up to 25,000 skill game machines throughout the state, aiming to support local businesses such as convenience stores, gas stations, and bars.
Background and Current Legislative Progress
Skill games were initially authorized as a temporary measure to aid small businesses in recovering from financial setbacks caused by the COVID-19 pandemic. With the legislative session concluding, the bill allowing these games to return has received the necessary approvals and is now awaiting the decision of Governor Abigail Spanberger.
The governor has expressed openness to expanding Virginia’s gaming industry, which increases the likelihood that Senate Bill 611 will be signed into law. In addition to this bill, Governor Spanberger will also consider legislation regarding the establishment of a casino in Fairfax County.
Concerns Over Lack of Payout Regulations in SB 611
One significant issue with the current draft of the bill is the absence of minimum payout requirements, also known as return-to-player (RTP) standards. While traditional casino games in Virginia are mandated to return a minimum of 84% of wagers to players, the proposed skill games have no such requirements under this bill. This has raised apprehension among industry observers about player protections.
However, the legislation does set some limits, such as capping wagers at $5 per play and restricting prizes to a maximum of $4,000.
Regulation, Restrictions, and Taxation of Skill Games
The Virginia Lottery Board would oversee the regulation of skill games, with a maximum allowance of 25,000 terminals statewide. To protect existing casinos, businesses located within a 10-mile radius of a casino would be prohibited from hosting skill game machines.
Revenue generated from skill games will be taxed at a rate of 25%. The distribution of this tax income would allocate 75% to the state’s General Fund and 15% to the Department of Taxation for local distribution purposes. The remaining 10% would be divided among the Virginia Lottery Board (6.5%), the Problem Gambling Treatment and Support Fund (2.5%), and the Department of State Police (1%).