Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 08-918

RULES AND REGULATIONS

Title 58--RECREATION

PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CH. 437a]

Vendor Certification and Registration

[38 Pa.B. 2251]
[Saturday, May 17, 2008]

   The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. §§ 1202(b)(30) and 1321 (relating to general and specific powers; and additional licenses and permits and approval of agreements) amends Chapter 437a (relating to vendor certification and registration) to read as set forth in Annex A.

Purpose of the Proposed Rulemaking

   These amendments modify provisions related to registration of vendors, clarify which individuals must obtain certification and update the names of several forms.

Explanation of Amendments to Chapter 437a

   Currently, applications for certification or registration of vendors must be submitted by an applicant for or holder of a slot machine license. These amendments give applicants for registration as a vendor the option to file their applications directly with the Board. This simplifies the application process and is expected to increase the number of registered vendors on the Board's approved vendor list. Because slot machine applicants and licensees may use any vendor on the Board's approved list, this will increase the vendors' opportunities to provide services and give slot machine applicants and licensees more vendors to choose from.

   In § 437a.4 (relating to individual certifications and investigations), minor revisions clarify who will be required to file for certification.

   Additionally several references to forms have been updated throughout the chapter to reflect the current names of the applicable forms.

Comment and Response Summary

   Notice of proposed rulemaking was published at 37 Pa.B. 6420 (December 8, 2007).

   The Board did not receive any comments during the public comment period. No comments were received from the Standing Committees and by letter dated February 6, 2008, the Independent Regulatory Review Commission (IRRC) notified the Board that IRRC had no objections, comments or recommendations to offer on these amendments.

   No changes have been made to the proposed regulation in this final-form regulation.

Affected Parties

   Applicants for vendor registration will benefit from having another option for applying for registration as a vendor. Slot machine applicants and licensees may benefit by having more vendors to choose from.

   There are currently 11 slot machine licensees, 5 applicants for slot machine licenses and 244 registered vendors.

Fiscal Impact

Commonwealth

   There will be no new costs to the Board or other Commonwealth agencies as a result of this regulation. Because the application for an unsponsored vendor registration does not require a Slot Machine Licensee/Applicant's Verification form, there will be some minor savings to the Board related to review of vendor registration applications submitted directly by vendors.

Political Subdivisions

   This final-form rulemaking will have no fiscal impact on political subdivisions of the Commonwealth.

Private Sector

   The Board anticipates that there may be some small direct savings to slot machine applicants and licensees and to applicants for vendor registrations as a result of having another option for applying for registration as a vendor.

   Because the Board anticipates an increase in the number of vendors, slot machine applicants and licensees may benefit from increased competition for their business.

General Public

   This final-form rulemaking will have no fiscal impact on the general public.

Paperwork requirements

   These amendments eliminate the need for a Slot Machine Licensee/Applicant's Verification form as part of the vendor registration application when the vendor applies directly.

Effective Date

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

Contact Person

   The contact person for questions about this final-form rulemaking is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on November 28, 2007, the Board submitted a copy of the proposed rulemaking, published at 37 Pa.B. 6420, and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Gaming Oversight Committee and the Senate Committee on Community, Economic and Recreational Development.

   Under section 5(c) of the act (71 P. S. § 745.5(c)), IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments received from IRRC, the House and Senate Committees and the public.

   Under section 5.1(j.2) of the act (71 P. S. § 745.5a(j.2)), the final-form rulemaking was deemed approved by the House Gaming Oversight Committee and the Senate Committee on Community, Economic and Recreational Development on April 2, 2008. Under section 5(g) of the act (71 P. S. § 745.5(g)), the final-form rulemaking was deemed approved by IRRC effective April 2, 2008.

Findings

   The Board finds that:

   (1)  Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).

Order

   The Board, acting under 4 Pa.C.S. Part II, orders that:

   (a)  The regulations of the Board, 58 Pa. Code Chapter 437a, are amended by amending §§ 437a.2--437a.5, 437a.9 and 437a.10 to read as set forth at 37 Pa.B. 6420.

   (b)  The Chairperson of the Board shall certify this order and 37 Pa.B. 6420 and deposit them with the Legislative Reference Bureau as required by law.

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

MARY DIGIACOMO COLINS,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 1905 (April 19, 2008).)

   Fiscal Note: Fiscal Note 125-74 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-918. Filed for public inspection May 16, 2008, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.