RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 401a AND 435a ]
Definitions and Licensing Requirements
[40 Pa.B. 4761]
[Saturday, August 21, 2010]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. §§ 1103, 1213, 1326 and 1603, amends Chapters 401a and 435a (relating to preliminary provisions; and employees) to read as set forth in Annex A.
Omission of Proposed Rulemaking
The Board, under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), and 1 Pa. Code § 7.4(3) (relating to omission of notice of proposed rulemaking), finds that notice of proposed rulemaking under these circumstances is unnecessary and impractical and therefore may be omitted. The Board's justification for utilizing the proposed rulemaking omitted process is that the only changes being made in this final-omitted rulemaking are those specifically required to bring the Board's regulations into conformity with the act of January 7, 2010 (P. L. 1, No. 1) (Act 1).
Act 1 amended the definitions of ''gaming employee'' and ''key employee'' in 4 Pa.C.S. § 1103 (relating to definitions), amended 4 Pa.C.S. § 1213 (relating to license or permit prohibition) governing who may not be issued a license or permit, amended 4 Pa.C.S. § 1326 (relating to license renewals) to set forth the time period for the renewal of a license or permit and added 4 Pa.C.S. Chapter 16 (relating to junkets) to require gaming junket representatives to obtain an occupation permit. The amendments in this final-omitted rulemaking these statutory changes.
Purpose of the Final-Omitted Rulemaking
The final-omitted rulemaking amends the definitions of ''gaming employee'' and ''key employee'' and makes other amendments regarding licensing to bring the Board's regulations into conformity with the revisions made to 4 Pa.C.S. Part II (relating to gaming) by Act 1.
Explanation of Amendments to Chapters 401a and 435a
In § 401a.3 (relating to definitions), the terms ''gaming employee'' and ''key employee'' have been amended to conform to the revised statutory definitions. The principal impact of this change, which has already been implemented by the Bureau of Licensing, has been to reduce the number of employees who are required to obtain a key employee license. These former key employees now fall under the ''gaming employee'' definition and are now only required to obtain an occupation permit.
In § 435a.1 (relating to general provisions), subsections (f) and (g) have been added to reflect the amendments to 4 Pa.C.S. § 1213, which prohibit anyone with a felony conviction from receiving a principal or key employee license and prohibit anyone with a misdemeanor gambling offense from getting a principal or key employee license unless at least 15 years has passed since the conviction for the offense. Former subsection (f), now subsection (h), has been amended to reflect the statutory prohibition on the issuance of occupation permits to an individual convicted of a felony or misdemeanor gambling offense unless 15 years has passed since his conviction. Former subsection (g), now subsection (i), has also been amended to make the language of this section consistent with the statutory amendments. Finally, subsection (j) has been added to mirror 4 Pa.C.S. § 1213(4), which specifies what will be considered to be a felony.
In § 435a.4 (related to key employee license and occupation permit term and renewal), the time period for which a license or permit will be valid has been changed from 1 to 3 years consistent with the change to 4 Pa.C.S. § 1326.
Affected Parties
Employees of slot machine licensees and applicants for licenses and permits impacted by the amendments in Act 1 are similarly impacted by this final-omitted rulemaking.
Fiscal Impact
Commonwealth
The Board does not anticipate that there will be costs or savings to the Board or any other Commonwealth agency as a result of this final-omitted rulemaking.
Political subdivisions
This final-omitted rulemaking will not have fiscal impact on political subdivisions of this Commonwealth.
Private sector
As a result of the passage of Act 1, applicants for and holders of licenses or permits will experience lower costs. This final-omitted rulemaking, which mirrors the statutory changes, will not result in additional costs or savings.
General public
This final-omitted rulemaking will not have fiscal impact on the general public.
Paperwork Requirements
The reclassification of positions to gaming employee from key employee and the extension of the time period that a license or permit is valid from 1 year to 3 years will result in fewer and in some cases shorter applications for some applicants and individuals seeking renewals.
Effective Date
The final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
The contact person for questions about this final-omitted rulemaking is Susan Yocum, Assistant Chief Counsel (717) 703-2971.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)) on June 22, 2010, the Board submitted a copy of the final-form regulations, proposed rulemaking omitted, to the Independent Regulatory Review Commission (IRRC), the Senate Community, Economic and Recreational Development Committee and the House Gaming Oversight Committee (Committees) and the Attorney General. In addition to submitting the final-omitted rulemaking, the Board also provided IRRC, the Committees and the Attorney General with a copy of a detailed Regulatory Analysis Form prepared by the Board.
Under section 5.1(j.1)—(j.3) of the Regulatory Review Act, this final-omitted rulemaking was deemed approved by the Committees on August 4, 2010. IRRC met on August 5, 2010, and approved the regulations in accordance with section 5.1(e) of the Regulatory Review Act.
Findings
The Board finds that the final-omitted rulemaking is necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Board also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are unnecessary because it is in the public interest to expedite this final-omitted rulemaking.
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The regulations of the Board, 58 Pa. Code Chapters 401a and 435a, are amended by amending §§ 401a.3, 435a.1 and 435a.4 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon publication in the Pennsylvania Bulletin.
GREGORY C. FAJT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 4814 (August 21, 2010).)
Fiscal Note: 125-127. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 401a. PRELIMINARY PROVISIONS § 401a.3. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Gaming employee—
(i) An employee of a slot machine licensee, including:
(A) Cashiers.
(B) Change personnel.
(C) Count room personnel.
(D) Slot attendants.
(E) Dealers or croupiers.
(F) Machine mechanics, computer machine technicians or table game device technicians.
(G) Security personnel.
(H) Surveillance personnel.
(I) Personnel with SLOTS Link security administrator access and responsibilities.
(J) Hosts or other individuals authorized to extend complimentary services, including employees performing functions similar to those performed by a gaming junket representative.
(K) Promotional play supervisors, credit supervisors, pit supervisors, cashier supervisors, shift supervisors, table game managers and assistant managers and other supervisors and managers, except for those specifically identified in this part as key employees.
(L) Boxpersons.
(M) Floorpersons.
(N) Personnel authorized to issue promotional play.
(O) Personnel authorized to issue credit.
* * * * * (iii) Employees of a registered or certified gaming service provider, licensed manufacturer or manufacturer designee whose duties require the employee's presence on the gaming floor or in a restricted area of a licensed facility.
(iv) Gaming junket representatives.
* * * * * Key employee—An individual who is:
(i) Employed in a director or department head capacity and who is empowered to make discretionary decisions that regulate slot machine or table game operations in this Commonwealth, including the general manager and assistant manager of the licensed facility, director of slot operations, director of table games operations, director of cage operations, director of credit operations, director of surveillance, director of marketing, director of management information systems, director of security, director of human resources, comptroller and any employee who is not otherwise designated as a gaming employee and who supervises the operations of these departments or to whom these department directors or department heads report.
* * * * *
Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION
CHAPTER 435a. EMPLOYEES § 435a.1. General provisions.
* * * * * (f) A principal or key employee license will not be issued to an individual who has been convicted of a felony offense in any jurisdiction.
(g) A principal or key employee license will not be issued to an individual who has been convicted of a misdemeanor gambling offense in any jurisdiction, unless 15 years have elapsed from the date of conviction for the offense.
(h) A permit will not be issued to an individual who has been convicted of a felony offence or misdemeanor gambling offense in any jurisdiction, unless 15 years have elapsed from the date of conviction for the offense.
(i) When considering an application for a registration from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction, an application for a permit from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, or an application for a license from an individual who has been convicted of a misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, the Board will consider:
* * * * * (j) For purposes of this section, a felony offense is any of the following:
(1) An offense punishable under the laws of this Commonwealth by imprisonment for more than 5 years.
(2) An offense which, under the laws of another jurisdiction, is either:
(i) Classified as a felony.
(ii) Punishable by imprisonment for more than 5 years.
(3) An offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be subject to imprisonment for more than 5 years.
* * * * * § 435a.4. Key employee license and occupation permit term and renewal.
(a) A key employee license or occupation permit issued under this chapter shall be valid for 3 years from the date of Board approval.
(b) A renewal application shall be submitted to the Board at least 60 days prior to the expiration of a key employee license or occupation permit.
(c) A key employee license or occupation permit for which a completed renewal application and fee has been received by the Board will continue in effect until the Board sends written notification to the holder of the key employee license or occupation permit that the Board has approved or denied the key employee license or occupation permit.
[Pa.B. Doc. No. 10-1522. Filed for public inspection August 20, 2010, 9:00 a.m.]
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