PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 461a AND 463a ]
Slot Machine Master Lists
[39 Pa.B. 423]
[Saturday, January 24, 2009]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and specific authority contained in 4 Pa.C.S. § 1207 (relating to regulatory authority of board) proposes to amend Chapters 461a and 463a (relating to slot machine testing and control; and possession of slot machines) to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking updates the requirements for filing slot machine master lists by renaming each list, revising the lists of required information for each list and requiring that all of these lists be submitted electronically.
Explanation of Amendments to Chapters 461a and 463a
In § 461a.1 (relating to definitions), definitions of the terms ''machine displayed payout percentage'' and ''minimum payout percentage'' have been added. Additionally, the definition of the term ''paytable'' has been amended to replace the word ''payback'' with ''payout'' which is the word that is used throughout the Board's regulations.
Revisions to § 463a.3 (relating to slot machine location) delete unnecessary language and replace the old list name ''Slot Machine Master List'' with the new list name ''Gaming Floor Slot Machine Master List.''
In § 463a.5 (relating to slot machine master lists), numerous revisions have been made to enhance the clarity of this section and to update the various reporting requirements. The generic references to the ''Slot Machine Master List'' have been replaced with more descriptive names for each list. The ''Slot Machine Master List'' for games on the gaming floor is now called the ''Gaming Floor Slot Machine Master List,'' the list for slot machines in the possession of a slot machine licensee that are not on the gaming floor is called the ''Restricted Area/Off-Premises Slot Machine Master List'' and the list for non-slot machine licensees authorized to possess slot machines will retain the name ''Slot Machine Master List.''
The list of items required to be included in the ''Gaming Floor Slot Machine Master List'' has been updated and expanded to include additional information that the Bureau of Gaming Laboratory Operations needs to monitor the operation of slot machines on the gaming floor and protect the integrity of gaming. The items required in the Restricted Area/Off-Premises Slot Machine Master List and the ''Slot Machine Master List'' consist of subsets of the items required for the ''Gaming Floor Slot Machine Master List.'' Less information is needed about these slot machines because they are not being used for gaming.
Finally, all of these reports will now be required to be submitted electronically using formats approved by the Bureau of Gaming Laboratory Operations. To simplify the submission process, the Bureau of Gaming Laboratory Operations has developed Excel templates that can be used for each of the required reports.
Affected Parties
This proposed rulemaking alters what information is required to be included in the reports that slot machine licensees and other entities that are authorized by the Board to possess slot machines currently file.
Fiscal Impact
Commonwealth
Under this proposed rulemaking, the Board will receive all of this information electronically which should reduce administrative costs. However, the reduction in costs is not anticipated to be significant.
Political Subdivisions
This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
There may be some minor cost to slot machine licensees and other entities required to file these reports because of the additional information that must be provided. However, these costs may be offset by the savings that will result from the reduction in the amount of information that must be provide for slot machines that are not on the gaming floor and the use of electronic filing.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
Slot machine licensees and other entities required to file these reports will be able to reduce paperwork through the use of electronic filing.
Effective Date
The proposed rulemaking will become effective 60 days after 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 Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-94.
Contact Person
The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
In accordance with section 5(a) and (f) of the Regulatory Review Act (act) (71 P. S. § 745.5(a) and (f)), on January 9, 2009, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form, to the Legislative Reference Bureau for publication of notice of proposed rulemaking in the Pennsylvania Bulletin, and to the Independent Regulatory Review Commission (IRRC). In accordance with section 5(f) of the act, the Board will submit the proposed rulemaking and the required material to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee no later than the second Monday after the date by which both committee designations have been published in the Pennsylvania Bulletin. A copy of this material is available to the public upon request and is available on the Board's web site at www.pgcb.state. pa.us.
Under section 5(g) of the act, IRRC 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 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: 125-94. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 461a. SLOT MACHINE TESTING AND CONTROL § 461a.1. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Machine displayed payout percentage--The selectable payout percentage that is set by the slot machine licensee during the initial configuration or a subsequent reconfiguration of a slot machine and is displayed in the slot machine's service menu during normal operation.
* * * * * Minimum payout percentage--The lowest aggregate awards expected to be paid out over one cycle of the game divided by the total number of combinations in the cycle of the game.
* * * * * [Paytables] Paytable--A selectable part of a slot machine program that contains slot machine characteristics including, but not limited to, the theoretical [payback] payout percentage, reel strips and awards.
* * * * *
CHAPTER 463a. POSSESSION OF SLOT MACHINES § 463a.3. Slot machine location.
* * * * * (b) A slot machine [in a slot machine area] on a gaming floor shall be placed at a location, which location may contain no more than one slot machine, identified by number on a gaming floor plan approved by the Board under section 1322 of the act (relating to slot machine accounting controls and audits) and § 467a.1 and shall also be identified by this slot machine location number and an asset number on [a Slot Machine Master List] the Gaming Floor Slot Machine Master List.
§ 463a.5. Slot machine master [list] lists.
(a) Prior to the commencement of operations at a licensed facility, [an applicant for, or holder of,] a slot machine [license] licensee shall file the following with the Bureau of Gaming Laboratory Operations and the Office of Gaming Operations, [in writing or] in an electronic format approved by the [Board, a complete list of slot machines possessed by the applicant or licensee on its gaming floor, in restricted areas off the gaming floor but within the licensed facility approved by the Board under § 465a.8(b) (relating to licensed facility), and in storage locations in this Commonwealth off the premises of the licensed facility approved by the Board under § 463a.7 (relating to off premises storage of slot machines). The list shall be denoted as a Slot Machine Master List.] Bureau of Gaming Laboratory Operations:
(1) Gaming Floor Slot Machine Master List.
(2) Restricted Area/Off Premises Slot Machine Master List.
(b) [The] A Gaming Floor Slot Machine Master List must [contain the following information which, for those] list all slot machines located on the gaming floor [, must be presented for each slot machine] in consecutive order by the slot machine location number under § 463a.3 (relating to slot machine location) and contain the following information:
* * * * * (2) A description of each slot machine [by] which includes:
(i) [Asset number and model and manufacturer's serial number] The zone/location number.
(ii) [Denomination, if configured for multiple denominations, a list the denominations] The asset number.
(iii) [Manufacturer and machine type, noting cabinet type, or if it is a progressive or a wide area progressive slot machine] The manufacturer's serial number.
(iv) [An indication as to whether the slot machine is configured to communicate with a cashless funds transfer system] The base denomination, or if configured for multiple denominations, a list the denominations.
(v) [An indication as to whether the slot machine is configured to communicate with a gaming voucher system] The game software/program ID.
(vi) The operating system/base ROM.
(vii) The manufacturer.
(viii) The slot machine model.
(ix) The model type (reel or video).
(x) The game theme/description.
(xi) The minimum payout percentage.
(xii) The machine displayed payout percentage.
(xiii) The paytable ID.
(xiv) Is the slot machine in a smoking area?
(xv) Is the slot machine a progressive; if it is, the type of progressive.
(xvi) If it is a progressive, the progressive controller type.
(xvii) If it is a progressive, the progressive software.
(xviii) The fund transfer/voucher system software.
[(3) For those slot machines located off the gaming floor, an indication as to whether the slot machine is in a restricted area off the gaming floor but within the licensed facility approved by the Board under § 465a.8 or in a Board-approved storage location in this Commonwealth off the premises of the licensed facility approved by the Board under § 463a.7.
(4) Additional documentation requested by the Board related to the location of slot machines.]
(c) If a slot machine is configured to allow a patron to select from multiple game themes, each game theme, minimum and machine displayed payout percentages and paytable ID must be listed in the Gaming Floor Slot Machine Master List. Instead of listing each game theme, minimum and machine displayed payout percentage and paytable ID for a slot machine configured to offer multiple game themes with the slot machine, a slot machine licensee may use a unique generic code for the game theme and attach an appendix which lists the game themes, minimum and machine displayed payout percentages and paytable IDs that correspond to each unique generic game theme code.
(d) A Restricted Area/Off Premises Slot Machine Master List must include all slot machines located off the gaming floor but within a restricted area in the licensed facility approved by the Board under § 465a.8(b) (relating to licensed facility), or in storage locations in this Commonwealth off the premises of the licensed facility approved by the Board under § 463a.7 (relating to off premises storage of slot machines) grouped by the each location where the slot machines are located. A Restricted Area/Off Premises Slot Machine Master List must include the following information:
(1) The date the list was prepared.
(2) A description of each slot machine which includes:
(i) The location of the slot machine.
(ii) The asset number.
(iii) The manufacturer's serial number.
(iv) The game software/program ID.
(v) The operating system/base ROM.
(vi) The game theme/description.
(vii) The manufacturer.
(viii) The slot machine model.
(ix) The model type (reel or video).
(e) Once a slot machine has been placed in an authorized location on the gaming floor or is stored in a restricted area off the gaming floor but within the licensed facility approved by the Board under § 465a.8 or in a location in this Commonwealth off the premises of the licensed facility approved by the Board under § 463a.7, all subsequent movements of that slot machine [within the licensed facility] shall be recorded by a slot department member in a slot machine movement log which includes the following:
* * * * * (2) The date and time of the movement.
* * * * * [(d)] (f) Documentation summarizing slot machine movements [within a licensed facility] shall be submitted to the Bureau of Gaming Laboratory Operations, in [writing or in] an electronic format approved by the [Board] Bureau of Gaming Laboratory Operations, on a daily basis.
[(e)] (g) On the first Tuesday of each month following the initial filing of [a Slot Machine Master List, an applicant for, or holder of] the Gaming Floor Slot Machine Master List and the Restricted Area/Off Premises Slot Machine Master List, a slot machine [license] licensee shall file with the Bureau of Gaming Laboratory Operations, in [writing or in] an electronic format approved by the [Board] Bureau of Gaming Laboratory Operations, an updated [Slot Machine Master List] Gaming Floor Slot Machine Master List and an updated Restricted Area/Off Premises Slot Machine Master List containing the information, required in [subsection (b)] subsections (b)--(d).
[(f)] (h) Manufacturer [licensees], manufacturer designee [licensees,] and supplier licensees[,] and educational institutions, [Board-authorized] manufacturers, manufacturer [designee] designees and suppliers not licensed within this Commonwealth and regulatory and law enforcement agencies [that] authorized by the Board to possess slot machines under § 463a.1 (relating to possession of slot machines generally) shall file with the Bureau of Gaming Laboratory Operations, [in writing or] in an electronic format approved by the [Board] Bureau of Gaming Laboratory Operations, a complete list of slot machines possessed by the person. The list shall [be]:
(1) Be denoted as a Slot Machine Master List[, shall be].
(2) Be filed within 3 business days of the initial receipt of slot machines [and contain].
(3) Contain the following information:
[(1)] (i) The date on which the list was prepared.
[(2)] (ii) A description of each slot machine [by] including:
[(i) Model and manufacturer's serial number.
(ii) Manufacturer and machine type, noting cabinet type, or if it is a progressive or a wide area progressive slot machine.]
(A) The manufacturer.
(B) The manufacturer's serial number.
(C) The slot machine model.
(D) The model type (reel or video).
(E) Whether or not the slot machine is a progressive, and if it is, the type of progressive.
[(g)] (i) On the first Tuesday of each month following the initial filing of a Slot Machine Master List, those persons enumerated in subsection [(f)] (h) shall file with the Bureau of Gaming Laboratory Operations, [in writing or] in an electronic format approved by the [Board] Bureau of Gaming Laboratory Operations, an updated Slot Machine Master List containing the information, required in subsection [(f)] (h).
[Pa.B. Doc. No. 09-114. Filed for public inspection January 23, 2009, 9:00 a.m.]
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