PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CH. 438]
Temporary Regulations; Labor Organizations
[36 Pa.B. 3951]
[Saturday, July 22, 2006]The Pennsylvania Gaming Control Board (Board), under 4 Pa.C.S. § 1203(a) (relating to temporary regulations), adopts temporary regulations to facilitate implementation of 4 Pa.C.S. Part II (relating to gaming), enacted by the act of July 5, 2004 (P. L. 572, No. 71) (Act 71). The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board). Chapter 438, entitled Labor Organizations, is added to Subpart B, entitled Licensing, Registering, Certifying and Permitting.
Purpose and Background
Under 4 Pa.C.S. § 1203(a), the Board is authorized to promulgate temporary regulations to facilitate the prompt implementation of Act 71. The regulations are necessary to enhance the credibility of the licensed operation of slot machines and associated equipment within this Commonwealth and to carry out the policy and purposes of the Board. To invite public input, the Board published draft regulations on the Board's website and a 5-day public comment period was provided.
Under 4 Pa.C.S. § 1203(b), the temporary regulations adopted by the Board expire no later than 3 years following the effective date of Act 71 or upon promulgation of regulations as generally provided by the law. These temporary regulations shall not be subject to sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1208), known as the Commonwealth Documents Law (CDL), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Financial Impact
Act 71 and the regulations will provide for the implementation and management of gaming within this Commonwealth and the collection of fees and taxes from entities and individuals authorized by the Board to be employed by, provide gaming related services to or operate gaming facilities. The appropriations from the Commonwealth for the implementation of Act 71 and costs of administering 4 Pa.C.S. Part II will be reimbursed by the licensed entities as specified within Act 71. Individuals and entities that wish to obtain licenses as gaming entities shall pay to the Gaming Fund significant licensing fees to obtain the authority to do business within this Commonwealth. Part of these fees shall reimburse the Board and the Pennsylvania State Police for licensing processes and background investigations. The licensing, registration, certification and permitting of individuals and other classes of applicants will be reimbursed by the applicants through fees established by the Board. It is anticipated that all expenses of the Board and all associated activities shall be reimbursed by the applicants and gaming entities as previously specified. The Board shall have no financial impact on the State budget.
Statutory Authority
The Board is authorized under 4 Pa.C.S. § 1203(a) to adopt and publish temporary regulations to implement the policies and purposes of Act 71.
Regulatory Review
Under 4 Pa.C.S. § 1203(b), the Board's authority to adopt temporary regulations expires 2 years from the effective date of Act 71.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1203(a), the temporary regulations are exempt from the requirements of the Regulatory Review Act and sections 201--205 of the CDL.
(2) A 5-day public comment period was held prior to the adoption of the temporary regulations.
(3) The adoption of the temporary regulations provided by this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of Act 71, adopts as its final-form temporary regulations, the draft regulations as amended by resolution at the June 28, 2006, public meeting. The temporary regulations pertain to labor organizations.
(b) The temporary regulations of the Board, 58 Pa. Code, are amended by adding §§ 438.1--438.4 to read as set forth in Annex A.
(c) The temporary regulations are effective June 28, 2006.
(d) The temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The temporary regulations shall be subject to amendment as deemed necessary by the Board in accordance with the purpose of Act 71 and to further the intent of Act 71.
(f) The Chairperson of the Board shall certify this order and deposit the regulations with the Legislative Reference Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-40. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 438. LABOR ORGANIZATIONS
438.1. Definitions. 438.2. Labor organization notification. 438.3. Permitting of labor organization officers, agents and principal employees. 438.4. Enforcement. § 438.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
Labor organization--Any organization, union, agency, employee representation committee, group, association, or plan in which employees participate which exists for the purpose, in whole or in part, of dealing with a licensed gaming facility concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, including any conference, general committee, joint or systems board or international labor organization.
Labor organization agent--A person, compensated or not, who is authorized to represent a labor organization in any employment matter relating to employees who are employed by a licensed gaming entity, or who undertakes on behalf of the labor organization to promote, facilitate or otherwise influence the relations between the labor organization and a licensed gaming entity.
Labor organization officer--An officer or person authorized to perform the functions of president, vice president, secretary/treasurer or other executive function of a labor organization, and a member of its executive board or similar governing body who exercises any authority, discretion or influence with regard to any matter relating to employees who are employed in a licensed gaming facility.
Labor organization principal employee--An employee of a labor organization who serves in a management, supervisory or policy making position, which exercises authority, discretion or influence with regard to any matter relating to employees who are employed in a licensed gaming facility.
§ 438.2. Labor organization notification.
(a) Each labor organization shall file a completed Labor Organization Notification Form in a format prescribed by the Board.
(b) Labor organizations shall file an updated version of the Labor Organization Notification Form within 30 days of any change in the information contained on the form.
§ 438.3. Permitting of labor organization officers, agents and principal employees.
(a) Every labor organization officer, agent and principal employee shall be permitted in accordance with this section.
(b) Every labor organization officer, agent and principal employee shall file a completed Union Permit Application Form with the licensing fee established by the Board.
(c) Applicants and permittees under this section shall be subject to the general application and licensing requirements of Chapters 421 and 423 (relating to general provisions and applications).
(d) Permits issued under this section will be valid for 1 year from the date on which the permit is approved by the Board. Renewals will be valid for 1 year and shall be filed no later than 60 days prior to the expiration of the current permit. A permit for which a completed renewal application and fee has been received by the Board will continue in effect unless the Board sends written notification to the permittee that the Board has denied renewal of the permit.
§ 438.4. Enforcement.
The Office of Enforcement Counsel may initiate proceedings against any labor organization, or labor organization officer, agent or principal employee for violations of any provisions of this chapter.
[Pa.B. Doc. No. 06-1315. Filed for public inspection July 21, 2006, 9:00 a.m.]
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