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PA Bulletin, Doc. No. 03-2391


[61 PA. CODE CHS. 817, 831 AND 867--869]

Obsolete Lottery Regulations

[33 Pa.B. 6224]

   The Secretary of Revenue, under the authority contained in section 303 of the State Lottery Law (72 P. S. § 3761-303), deletes Chapters 817, 831 and 867--869.

   As the selection of on-line games available to lottery players in this Commonwealth changed over the years, regulations regarding the discontinued on-line games remained in 61 Pa. Code (relating to revenue). During normal review of its regulations, the Department of Revenue (Department) determined that deleting Chapters 817, 831 and 867--869 not only rids 61 Pa. Code of unnecessary regulations, it also alleviates any possible confusion in those who read Chapters 817, 831 and 867--869 and expect to play the nonexistent games.

   Because the deleted chapters relate to on-line lottery games that were retired or discontinued with actual notice conveyed through the issuance of press releases and the termination of sales, the Department, under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204) and the regulation thereunder, 1 Pa. Code § 7.4 (relating to omissions of notice of proposed rulemaking), finds that notice of proposed rulemaking is under the circumstances impracticable and, therefore, may be omitted.

Purpose of Final-Omitted Rulemaking

   Play of the on-line lottery games subject to deletion were concluded in accordance with the terms of the regulations. The Lottery does not intend, now or in the near future, to offer these games in their stated configuration.

Explanation of Regulatory Requirements

   The sections to be deleted are as follows:

Chapter Game Name End of Play
817 Pennsylvania Lotto
(§§ 817.91--817.107)
Wild Card Lotto
(§§ 817.111--817.127)
831 Pennsylvania Super 7
(§§ 831.1--831.17)
867 Hearts and Diamonds
(§§ 867.1--867.17)
868 Keystone Jackpot
(§§ 868.1--868.17)
869 Pennsylvania Lottery 25th
   Anniversary TV Game Show
(§§ 869.1--869.15)

Fiscal Impact

   The Department has determined that the final-omitted rulemaking will have no fiscal impact on the Commonwealth.


   The final-omitted rulemaking will not generate additional paperwork for the public or the Commonwealth.

Effectiveness/Sunset Date

   The final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Regulatory Review

   Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on September 30, 2003, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Finance. A copy of this material is available to the public upon request.

   Under section 5.1(j.2) of the Regulatory Review Act, on November 5, 2003, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 6, 2003, and approved the final-omitted rulemaking.

Contact Person

   The contact person for an explanation of the final-omitted rulemaking is Anita M. Doucette, Office of Chief Counsel, Department of Revenue, Dept. 281061, Harrisburg, PA 17128-1061.


   The Department finds that the regulatory sections in Chapters 817, 831 and 867--869 are no longer necessary for administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are unnecessary because the games were retired or discontinued with actual notice conveyed through the issuance of press releases and the termination of sales and are under the circumstances impracticable.


   The Department, acting under the authorizing statute, orders that:

   (a)  The regulations of the Department, 61 Pa. Code Chapters 817, 831 and 867--869, are amended by deleting §§ 817.91--817.107, 817.111--817.127, 831.1--831.17, 867.1--867.17, 868.1--868.17 and 869.1--869.15 to read as set forth in Annex A.

   (b)  The Secretary shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 5791 (November 22, 2002).)

   Fiscal Note: 15-423. No fiscal impact; (8) recommends adoption.

Annex A



CHAPTER 817.  (Reserved)

§§ 817.91--817.107.  (Reserved).

§§ 817.111--817.127.  (Reserved).

CHAPTER 831.  (Reserved)

§§ 831.1--831.17.  (Reserved).

CHAPTER 867.  (Reserved)

§§ 867.1--867.17.  (Reserved).

CHAPTER 868. (Reserved)

§§ 868.1--868.17.  (Reserved).

CHAPTER 869. (Reserved)

§§ 869.1--869.15.  (Reserved).

[Pa.B. Doc. No. 03-2391. Filed for public inspection December 19, 2003, 9:00 a.m.]

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