PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 435a, 441a AND 465a ]
Employees; Slot Machine Licenses; and Accounting and Internal Controls
[38 Pa.B. 3505]
[Saturday, June 28, 2008]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1308, 1318 and 1331 (relating to applications for license or permit; occupation permit application; and duty of licensees, key employees and gaming employees), proposes to amend Chapters 435a, 441a and 465a (relating to employees; slot machine licenses; and accounting and internal controls) to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking is intended to expand the list of offenses holders of a license, permit or registration must report to the Board; establish time periods for the submission of additional documents required when an application is being submitted under Slots Link; shift the issuance of temporary credentials for nongaming employees from the casino enforcement agents at the licensed facilities to the Bureau of Licensing; and broaden the restriction on hiring off-duty law enforcement officers as security personnel.
Explanation of Amendments to Chapters 435a, 441a and 465a
Currently, § 435a.1(c) (relating to general provisions) only requires reporting of offenses under 18 Pa.C.S. (relating to crimes and offenses) or 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance). To better insure continuing oversight of the character and suitability of individuals who hold a license, permit or registration, offenses involving moral turpitude, offenses under 75 Pa.C.S. which are punishable by 1 year or more and offenses under section 13 of The Controlled Substance Drug, Device and Cosmetic Act (35 P. S. § 780-113(a)) regarding prohibited acts; penalties are being added to this subsection.
Under § 435a.3 (relating to occupation permit), an applicant may submit an application electronically using Slots Link. However, when an application is made using Slots Link, there are additional release forms that must be submitted on paper. In many cases, licensees have not been submitting this paperwork in a timely manner which has resulted in delays in the processing of these applications. To reduce these delays, the Board is proposing that slot machine licensees be required to submit this paperwork within 5 days of the filing of an application using Slots Link. For all other licensees, a 10-day filing period is being established.
In § 435a.9(b) (relating to temporary credentials for nongaming employees), issuance of temporary credentials for nongaming employees will now be done by the Bureau of Licensing instead of the casino enforcement agents at the licensed facilities. Improvements in administrative procedures within the Bureau of Licensing make it more efficient for the Board and the licensed facilities to have the Bureau of Licensing issue the temporary credentials as well as the permanent credentials for nongaming employees.
In § 441a.14 (relating to master purchasing and disbursement report), subsection (b) is being revised to reflect current practice. Slot machine licensees electronically transmit the data required by subsection (a) in a format that the Board has prescribed. Therefore, the language related to the signature no longer applies.
In § 465a.14 (relating to security department minimum staffing), the restriction on hiring off-duty law enforcement officers to provide security in restricted areas or on the gaming floor has been extended to apply to the entire licensed facility. Because incidents that may require investigation by law enforcement officers could occur anywhere in the licensed facility, this revision will help to avoid any actual or appearance of a conflict of interest. Additionally, this will insure that any of a slot machine licensee's security personnel will be able to respond to any incident anywhere in the licensed facility.
Affected Parties
This proposed rulemaking will affect: all employers of gaming and nongaming employees who submit applications by means of Slots Link; all individuals who hold a license, permit or registration; and law enforcement officers who desire to seek part-time employment with a slot machine licensee's security department.
Fiscal Impact
Commonwealth
This proposed rulemaking will have no fiscal impact on the Board or other agencies of this Commonwealth.
Political Subdivisions
This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Law enforcement officers, who desire to seek part-time employment with a slot machine licensee, will have fewer options because of the prohibition against working in the slot machine licensee's security department.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
No new reporting or paperwork requirements are created by this rulemaking.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking, within 30 days after the date of publication in the Pennsylvania Bulletin to Paul Resch, Secretary, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-89.
Contact Person
The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 12, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (Commission) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, the Commission may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the Regulatory Review Criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
MARY DIGIACOMO COLINS,
ChairpersonFiscal Note: 125-89. No fiscal impact; (8) recommends adoption.
Annex A
TITLE. 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION
CHAPTER 435a. EMPLOYEES § 435a.1. General provisions.
* * * * * (c) An individual who receives a license, permit or registration under this part shall have the continuing duty to report to the Board an arrest, charge, indictment or conviction for [an]:
(1) An offense involving moral turpitude.
(2) An offense under 18 Pa.C.S. (relating to crimes and offenses)[, or an].
(3) An offense under 75 Pa.C.S. [§ 3802 (relating to driving under influence of alcohol or controlled substance) or of comparable] (relating to vehicles) which is punishable by 1 year or more.
(4) An offense under section 13 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-113(a)) regarding prohibited acts; penalties.
(5) Comparable offenses in other states or foreign jurisdictions.
* * * * * § 435a.3. Occupation permit.
(a) An applicant for an occupation permit shall submit:
(1) An original and three copies of the Gaming Employee Application and Disclosure Information Form or an electronic application using the SLOTS Link system. When an application for an occupational permit is filed using Slots Link, the additional documents required, including releases, shall be submitted to the Board:
(i) Within 5 days of the submission of the Slots Link application by an applicant for or holder of a slot machine license.
(ii) Within 10 days of the submission of the Slots Link application by an applicant for or holder of a manufacturer, manufacturer designee, or supplier license or an applicant for or holder of a vendor certification.
* * * * * § 435a.5. Nongaming employee registration.
(a) An applicant for a nongaming employee registration shall submit:
(1) An original and three copies of the Nongaming Employee Registration Form or an electronic application using the SLOTS Link system. When an application for a nongaming employee registration is filed using Slots Link, the additional documents required, including releases, shall be submitted to the Board:
(i) Within 5 days of the submission of the Slots Link application by an applicant for or holder of a slot machine license.
(ii) Within 10 days of the submission of the Slots Link application by an applicant for or holder of a manufacturer, manufacturer designee, or supplier license or an applicant for or holder of a vendor certification.
* * * * * § 435a.9. Temporary credentials for nongaming employees.
* * * * * (b) Temporary credentials for nongaming employees will be issued by the Bureau of Licensing.
* * * * *
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441a. SLOT MACHINE LICENSES § 441a.14. Master purchasing and disbursement report.
* * * * * (b) The reports shall be [signed by the slot machine applicant or licensee and] transmitted to the Bureau of Licensing by means of electronic data transmission [or] in a [form] format prescribed by the Board.
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 465a. ACCOUNTING AND INTERNAL CONTROLS § 465a.14. Security department minimum staffing.
* * * * * (b) A slot machine licensee may not employ off-duty law enforcement officers to provide security related services [on the gaming floor, in restricted areas within] in the licensed facility or in any manner in connection with the conduct of slot machine operations.
[Pa.B. Doc. No. 08-1197. Filed for public inspection June 27, 2008, 9:00 a.m.]
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