RULES AND REGULATIONS
Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 401a, 435a, 439a, 441a, 461a, 461b, 463a, 465a, 503a AND 511a ]
Preliminary Provisions; Employees; Junket Enterprises; Slot Machine Licenses; Slot Machine Testing and Control; Technical Standards; Possession of Slot Machines; Accounting and Internal Controls; and Self-Exclusion and Persons Required to be Excluded
[38 Pa.B. 5652]
[Saturday, October 11, 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. §§ 1207, 1311, 1321, 1322 and 1522, amends Chapters 401a, 435a, 439a, 441a, 461a, 461b, 463a, 465a, 503a and 511a to read as set forth at 38 Pa.B. 1151 (March 8, 2008) and in Annex A.
Purpose of the Final-Form Rulemaking
This final-form rulemaking reflects organizational changes, requires the display of Board credentials, adds new slot machine design standards, deletes a technical standard that is outdated, makes a number of changes to existing accounting and internal control requirements, revises the jackpot payout procedures and expands the provisions related to merchandise jackpots.
Explanation of Amendments to Chapters 401a, 435a, 439a, 441a, 461a, 461b, 463a and 465a
Throughout this rulemaking, references to the Board have been replaced with more specific references to the bureau or office that is involved.
In § 401a.3 (relating to definitions), the definition of ''BCCIC'' has been deleted because that Bureau of Corporate Compliance and Internal Controls no longer exists.
In § 435a.6(c) (relating to Board credentials), the requirement that a slot machine licensee's employees carry their Board credential has been changed to require that the Board credential be displayed.
In Chapter 439a (relating to junket enterprises), references to the Bureau of Corporate Compliance and Internal Controls have been replaced with references to the Office of Gaming Operations.
Section 441a.19 (relating to notice of employee misconduct and offenses) has been amended to require slot machine licensees to notify the Bureau of Licensing of the resignation of any key employee. This will provide the Board with an opportunity to conduct an exit interview with the key employee.
In Chapter 461a (relating to slot machine testing and control), the Board has made a number of changes. In § 461a.1 (relating to definitions), the definition of ''asset number'' has been expanded to include associated equipment and the definition of ''merchandise jackpot'' has been revised to correspond to changes to § 465a.28 (relating to merchandise jackpots) which will require slot machine licensees to offer a cash payment in lieu of the merchandise.
In § 461a.7 (relating to slot machine minimum design standards), the Board has amended subsection (b)(3) to conform with the change made to § 465a.28 discussed previously. Additionally, a new standard related to the service button on slot machines has been added. It requires that the service button be easily accessible to the patron playing the slot machine and that activating the service button trigger a signal on the tower light that is consistent with the technical standards in § 461b.2 (relating to slot machine tower lights and error conditions).
The third change in § 461a.7 moves a requirement that was in the technical standards in § 461b.1 (relating to slot machine minimum design standards) as a statement of policy into the regulations. This standard requires that slot machines be configured to use any noncashable credits available for play before it uses any cashable credits. Because the Board is moving this requirement into the regulations, the technical standard in § 461b.1 has been deleted.
The final change in § 461a.7 requires labels on slot machines containing the asset number and gaming floor location. Similar requirements have also been added to §§ 461a.10 and 461a.22 (relating to automated gaming voucher and coupon redemption machines; and automated jackpot payout machines).
In § 461a.16 (relating to player tracking systems), a provision has been added prohibiting slot machine licensees from having anyone under 21 years of age in a player tracking system. Since these individuals can not participate in gaming, they should not be participating in any player programs. A new subsection (c) has also been added which requires anyone who has access to the information contained in the player tracking system must hold a key employee license or occupation permit. This was done to protect the personal information of individuals who elect to participate in any player programs.
The last revision to Chapter 461a is in § 461a.25 (relating to disputes). This section, which sets forth the process for addressing patron disputes, has been revised to match the process that is currently being used. When a disputes arises which can not be resolved by the slot machine licensee, the slot machine licensee will notify the casino enforcement agents at the licensed facility. A casino enforcement agent will attempt to resolve the dispute, and if unsuccessful, will assist the patron in filing a complaint. When complaints are filed, the Bureau of Investigations and Enforcement (BIE) will conduct an investigation.
In Chapter 463a (relating to possession of slot machines), a number of changes have been made to further clarify how certain requests are to be filed and what bureaus should receive copies of various filings. In § 463a.1 (relating to possession of slot machines generally), subsection (c) has been revised to require requests to possess slot machines to be filed as a petition. Additionally, a new subsection (e) has been added requiring anyone authorized to possess slot machines under subsection (d) to obtain Board approval for the offsite storage of the slot machines.
Section 463a.2 (relating to transportation of slot machines into, within and out of this Commonwealth) has been amended to require that the notice that is sent to the Bureau of Gaming Laboratory Operations when a slot machine is going to be moved, also be sent the Office of Gaming Operations.
In § 463a.5 (relating to slot machine master list), subsection (a) has been amended to require a copy of the slot machine master list to be filed with the Office of Gaming Operations as well as the Bureau of Gaming Laboratory Operations.
In § 463a.7 (relating to off premises storage of slot machines), subsection (b) has been amended to require requests for off premises storage of slot machines to be filed as a petition under § 493a.4.
In Chapter 465a (relating to accounting and internal controls), numerous changes have been made concerning where filings should be made, eliminating unnecessary filings, clarifying various requirements and adding new procedures.
In § 465a.2 (relating to internal control systems and audit protocols), references to the Board, the Bureau of Corporate Compliance and Internal Controls and BCCIC have been replaced with the Office of Gaming Operations which is now responsible for these functions. In subsection (f), provisions have been added to clarify that requests for changes to a slot machine licensee's internal controls are to be filed using an Amendment and Waiver Request Form. Also, subsection (j) has been revised to require the retention of required attestations for 5 years.
In § 465a.3 (relating to forms, records and documents), the reference to the ''Bureau'' has been deleted. The Board does not need to routinely receive copies of these occurrences.
In § 465a.4 (relating to standard financial and statistical reports), subsections (a) and (b) have been deleted. The Board has determined that these required filings are duplicative or unnecessary for the Board to monitor the financial integrity of slot machine licensees.
In § 465a.5 (relating to annual audit; other reports; suspicious activity and currency transaction reporting), references to the Bureau of Corporate Compliance and Internal Controls, BCCIC and Board have been replaced with the Bureau of Licensing throughout this section except in subsections (k) and (m) where ''Board'' is replaced with ''BIE'' and in subsection (n) where ''Board'' is replaced with the ''Office of Gaming Operations.'' In subsections (d) and (e), the phrase ''independent certified public accountant or'' has been added to be consistent with the language used in subsection (a).
In subsections (d), (g) and (h), only one copy of the specified reports will have to be filed, instead of two or three copies.
In § 465a.7 (relating to complimentary services or items), ''Board'' has been replaced with ''BIE'' in subsection (e).
In § 465a.8 (relating to licensed facility), ''or floor'' has been added to subsection (d)(2) and ''facilitating'' has been replaced with ''providing'' in subsection (d)(6).
In § 465a.9 (relating to surveillance system; surveillance department control; surveillance department restrictions), a number of editorial changes have been made. In subsection (a) a general requirement that the surveillance system must be in compliance with the requirements of 18 Pa.C.S. Chapter 5 (relating to Wiretapping and Electronic Surveillance Control Act) has been added.
In subsection (b), the phrase ''upon request'' has been deleted because it is not necessary.
In subsection (c)(4), the requirement for audio surveillance capability in the count room has been revised to require that it be in conformance with 4 Pa.C.S. § 1522 (relating to interception of oral communications). Additionally, the phrase ''and elsewhere in the licensed facility as required by the Board'' in subsection (c)(5) has been deleted. This language is not needed because all of the activities that require surveillance are covered in paragraph (1).
In subsection (c)(4)(ii), the word ''facilitate'' has been replaced with ''provide.''
In subsections (h) and (i), the references to ''Bureau'' have been replaced with ''casino enforcement agents at the licensed facility'' and ''casino enforcement supervisor at the licensed facility'' respectively. This will provide clearer direction to the slot machine licensees concerning who they should notify in these circumstances.
In subsection (o), a reference to § 493a.4 (relating to petitions generally) has been added to clarify that a surveillance department employee must file a petition when requesting an exemption from the 1-year restriction on accepting employment with another department at the licensed facility.
In § 465a.11 (relating to slot machine licensee's organization), the references to ''Bureau'' in subsections (b)(1)(viii) and (5)(x) and (xi), have been replaced with ''casino enforcement agents . . . at the licensed facility'' and subsection (b)(5)(x) has been split into two subparagraphs, subparagraphs (x) and (xi).
In subsection (c), a new option has been added for reporting by the supervisors of the surveillance and internal audit departments.
In § 465a.12 (relating to access badges and temporary access credentials), ''licensed manufacturer designees'' were added to the list of entities that must be covered by a slot machine licensee's temporary access badge procedures.
In § 465a.13 (relating to possession of deadly weapons within a licensed facility), the prohibition on deadly weapons has been expanded to include stun guns or other devices that are designed to injure or incapacitate a person. This is intended to provide additional protection of patrons at licensed facilities.
In § 465a.16 (relating to accounting controls for the cashiers' cage), the phrase ''and nongaming'' has been deleted from subsections (c)(1)(ii) and (2)(i) and (iii) to make these provisions consistent with the language used in § 465a.20 (relating to personal check cashing).
In § 465a.18 (relating to transportation of slot cash storage boxes to and from bill validators; storage), ''Board'' has been replaced with ''Office of Gaming Operations'' in subsections (a) and (b). Additionally, a new subsection (f) has been added that requires the casino enforcement agents to be contacted prior to the commencement of the drop if the central control computer is not online and that a casino enforcement agent witness and certify the drop. This is intended to provide greater security for and integrity of the collection of the slot cash storage boxes.
In § 465a.20 (relating to personal check cashing), subsection (b)(6) has been amended to allow the amount of a check being cashed to be put in a customer deposit account as well as immediately being paid in cash to the patron. This will provide greater convenience and safety for patrons. A new subsection (f) has also been added requiring any slot machine licensee that charges a fee for cashing checks to comply with the Check Casher Licensing Act (63 P. S. §§ 2301--2334).
In § 465a.23 (relating to customer deposits), subsections (a) and (b) were revised to allow checks to be accepted for customer deposits consistent with the changes made to § 465a.20. The phrase ''subsequent use for gaming purposes'' has been replaced with the broader phrase ''subsequent use at the licensed facility'' again for the convenience of the patrons.
In § 465a.25 (relating to counting and recording of slot cash storage boxes), the first reference to the ''Board'' in subsection (a) has been replaced with the ''Office of Gaming Operations'' and the second reference to the ''Board'' has been replaced with the ''Office of Gaming Operations and the casino enforcement supervisor at the licensed facility.'' Existing subsection (j) has been deleted; the Board does not need to routinely receive these reports. A new subsection (j) has been added which requires notice to and the presence of someone from BIE in the count room before the count commences when the central computer control system is down.
Section 465a.26 (relating to jackpot payouts) has been totally rewritten. While many of the previous requirements remain, the procedures have been revised to provide greater flexibility as to who may verify the winning combination and to provide better accountability in the actual payment of the jackpots.
In § 465a.27 (relating to annuity jackpots), the phrase ''a banking institution in this Commonwealth'' has been added to subsection (e)(1)(iii). This will allow trusts established to pay annuity jackpots to be placed with banks in addition to being maintained by a slot machine licensee or slot system operator.
In § 465a.28, the provisions governing merchandise jackpots have been expanded to provide additional guidance to the slot machine licensees. Provisions have been added specifying how a slot machine licensee is to determine the cash equivalent value of the merchandise and what supporting documentation a slot machine licensee is required to maintain. Slot machine licensees will also be required to offer optional cash payment that the winner may elect to receive in lieu of the merchandise being offered. The additions also provide that merchandise jackpots are considered winnings for the purpose of calculating gross terminal revenue and how the amount of the winnings is to be determined. Minimum requirements governing advertising of merchandise jackpots and technical requirements related to slot machines offering merchandise jackpots have also been included.
In § 465a.29 (relating to automated teller machines), a new subsection (b) has been added that requires a label on the top and front of automated teller machines that displays a unique identification number of the automated teller machine. This will make it easier for surveillance to identify individual automated teller machines and their location in the licensed facility.
In § 465a.31 (relating to gaming day), subsection (c) has been revised to require that changes in a slot machine licensee's hours of operation be submitted as a change to the slot machine licensee's internal controls under the procedures outlined in § 465a.2(f).
Comment and Response Summary
Notice of proposed rulemaking was published at 38 Pa.B. 1151.
The Board received comments from Downs Racing L.P. (Downs), International Gaming Technology (IGT), Greenwood Gaming and Entertainment, Inc. (Greenwood) and Washington Trotting Association, Inc. (WTA) during the public comment period. On May 7, 2008, the Independent Regulatory Review Commission (IRRC) also filed comments on the proposed rulemaking. All of these comments were reviewed by the Board and are discussed in detail as follows.
Downs commented that requiring display of the Board credential exposes personal information of employees and detracts from the refined professional image desired. They suggested that employees just be required to carry their credentials.
The Board disagrees with this comment. The personal information (other than the name) on an employee's credential is on the back of the credential and therefore not seen by the patrons. While the credential may detract somewhat from the uniform worn by the employee, this is outweighed by the improved ability to insure that all employees have their credentials.
Concerning the revision to § 441a.19, Downs argued that 5 days is too short. They suggested that 15 days, which is the current practice and which was approved by the Board, is more reasonable. IRRC asked if the new regulation would supersede previously approved procedures and if so, suggested that clarifying language be added.
The Board does not believe that 5 days is an unreasonable time period. As noted in the preamble of the proposed rulemaking, the Board has set the 5-day reporting period to allow the Board to promptly conduct an exit interview. Furthermore, this requirement is consistent with § 441a.10 (relating to notification of anticipated or actual changes in principals or key employees) which requires a slot machine licensee to provide written notice ''as soon as it becomes aware'' and gives slot machine licensees a clear, definitive standard to determine when notice must be provided.
Because a regulation has the same force and effect of a statute, previously approved procedures or internal controls are superseded by the new regulation. Accordingly, slot machine licensees will be required to revise any previously approved procedures that do not conform to the requirements in the Board's regulations.
In § 461a.1, Greenwood and WTA suggested that the definition of ''asset number'' be revised further so that it only applies to slot machines, gaming voucher redemption machines and automated teller machines.
The proposed definition simply indicates what an asset number is and that asset numbers may appear on pieces of associated equipment. It does not require that all items that are associated equipment must have an asset number. Only those pieces of associated equipment that the regulations require to have an asset number will be required to have one.
Concerning § 461a.7(x), IGT and IRRC suggested that the proposed provision be revised so that a service button is not required when a machine requires a full-time attendant for operation.
The Board agrees with this suggestion and has modified the final regulation to incorporate this change.
The provision published as § 461a.7(y)(3), should be § 461a.7(z). On this provision, and §§ 461a.10 and 461a.22, Greenwood commented that they did not object to this labeling requirement, but noted that if they had to replace existing labels to meet the new requirements, it would cost $9,000. IRRC asked what the approval process is for alternate labels and whether labels currently in use would have to be approved or replaced. IRRC also suggested that the Board replace the phrase ''may not be easily removed'' with a more definitive phrase.
Use of an alternate labeling scheme is typically discussed with and approved by the Board's Office of Gaming Operations' opening team at the licensed facility during construction. Approval would be given verbally so long as the alternate labeling was easily readable by the surveillance cameras. Since the readability of existing labels was verified as part of the opening process at each licensed facility currently operating, no existing labels will have to be replaced.
The Board has not replaced the phrase ''may not be easily removed'' as IRRC suggested. Slot machine licensees have not had problems complying with this standard, so the Board does not believe additional clarification is necessary.
In § 463a.7(b), WTA suggested that the Board retain the existing ''writing request'' provision as opposed to being required to file a petition which they believe is more cumbersome and time consuming. IRRC asked what changes in terms of time for review and cost to the slot machine licensee would result from this change.
The Board uses the petition process as the general procedure for most matters that require Board approval. The information a slot machine licensee would be required to include in a petition is essentially the same as what a slot machine licensee would have to include in a written request. Furthermore, the Board's internal review process would be the same for a petition or written request. For these reasons, the Board anticipates that there will be no significant increases in costs or time for review as a result of this amendment.
Concerning § 465a.2(f), WTA noted that the Amendment and Waiver Request Form on the web site requires submission to the Board, but the regulation is replacing Board with the Office of Gaming Operations. WTA also asked if these forms can be submitted electronically to both the Board and the Department of Revenue.
The Board is currently revising the internal control Amendment and Waiver Request Form and its procedures so that the entire submission to the Office of Gaming Operation will be done electronically. However, the submission to the Department of Revenue will still be done by means of a written submission. Revisions have been made to subsection (f) to reflect these changes.
In § 463a.2(j), IRRC and IGT suggested that subsection (j) be revised to allow electronic as well as paper copies for record retention.
The Board has not adopted this suggestion because electronic copies can be more easily modified. The Board has however reworded this section. The original attestations, not copies, are what the Board is requiring slot machine licensees to keep for 5 years.
In § 465a.9, WTA believed there is no need for or benefit from subsection (o) and suggested that it be deleted entirely.
The Board disagrees that there is no need for this provision. Activities and procedures used by the surveillance department are designed to monitor critical activities within the licensed facilities. If a former surveillance employee takes another job at the licensed facility, the integrity of the surveillance process could be compromised. Therefore, the Board believes that Board review of waiver requests is appropriate and the existing provision has been retained.
Concerning § 465a.11(c)(5), WTA noted its general objections to the requirement for an independent audit committee and the existing reporting requirements for the directors of the surveillance and internal audit departments.
This amendment does not create a new requirement to have an independent audit committee. That requirement is the subject of another proposed rulemaking. This amendment merely gives slot machine licensees another option for meeting the existing reporting requirement for the directors of the surveillance and internal audit departments. Therefore, the Board has made no changes to the proposed language.
In § 465a.13, IRRC noted that the phrase ''or other device that could injure or incapacitate a person'' is vague; many common items a person might carry ''could'' cause injury.
IRRC's point is correct. While many devices ''could'' injure or incapacitate a person, the Board's intent was to ban devices that are ''designed to'' injure or incapacitate. The words ''that could'' have been replaced with ''designed to'' throughout this section.
On the revisions to § 465a.26, IRRC had three concerns. First, IRRC asked if all slot machine licensees would be required to have ''lead slot attendants.'' Second, IRRC asked why two-part manual and electronic jackpot payout receipts are needed. Finally, IRRC suggested that the phrase ''if the jackpot is between $10,000 or more but less than $25,000'' could be clearer.
Slot machine licensees are not required to have lead slot attendants. However, because of the tax reporting requirements associated with jackpots equal to or exceeding $1,200, the Board believes that verification should be done by someone above the entry level of slot attendant. For that reason, the Board used the phrase ''lead slot attendant or above.'' Where there are no lead slot attendants, slot supervisors or above will be required to witness jackpots of $1,200 or more.
Both electronic and manual forms are used to insure that the information generated by the slot machine licensee's electronic system matches what was recorded by the slot attendant from the slot machine. Additionally, some of the information on the manual form does not appear on the electronic form. A two-part form is used to protect the integrity of the payout process and provide an audit trail. This is done by having the forms witnessed and by having the witness and the slot attendant independently deposit copies of the forms in the lock box for slot accounting.
To address IRRC's final concern, the phrase ''if the jackpot is between $10,000 or more but less than $25,000'' in subsections (b)(4) and (7)((vii)(C) has been replaced with ''if the jackpot is between $10,000 and $24,999.99.''
Greenwood also voiced several concerns with the proposed version of § 465a.26. These included: the concern over having to have lead slot attendants; the jackpot level at which approval by someone above a slot attendant would be required; the need for the patron to sign the manual jackpot payout receipt as required by subsection (b)(9)(ii); and the need to notify surveillance when a jackpot payout is $1,200 or more.
As stated previously, this regulation does not require that each slot machine licensee have lead slot attendants; instead it requires someone above the level of slot attendant to witness jackpot payouts of $1,200 or more. Greenwood also argues that slot attendants should be able to act as witnesses for any jackpot that is less than $10,000. The Board disagrees. While slot attendants are trained to do all types of jackpot payouts, the additional forms that must be completed when a jackpot is $1,200 or more warrant review by more experienced personnel.
The Board also disagrees that the patron signature is not needed; the signature is important to assure proper payment and to eliminate patron disputes over improper payment. Accordingly, this provision remains unchanged. For the same reason and to correct an oversight, subsection (b)(7) is being amended to add the patron's signature.
Because of the potential for patron disputes or procedural errors in jackpot payouts, the Board believes that notice to surveillance for jackpots of $1,200 or more is a prudent business practice. This will insure that there is a video record of these jackpot payouts.
Greenwood also suggested some clarifying language and that the regulations incorporate provisions for the use of WIZ machines if the slot computer system is offline or an electronic jackpot payout slip can not be created.
The Board has added some of the clarifying language that was suggested. However, the Board has not added language to address the use of WIZ machines. While WIZ machines were commonly used in the past, current practice in casinos now is to use the three-part manual jackpot payout books. If Greenwood desires to continue using WIZ machines, the Board suggests that they file a waiver request under § 465a.30 (relating to waiver of requirements).
In § 465a.28, IGT suggested that subsection (k) be revised to allow greater flexibility in game offerings.
The Board has elected not to add the suggested language because this could be confusing to patrons.
In § 465a.29, IRRC asked why the language in this section differed from the language in §§ 461a.7 and 461a.22.
The inconsistency in the language was a drafting error. The final-form regulations have been amended to parallel the language used in §§ 461a.7 and 461a.22.
On this same section, Downs commented that the new label requirement would create a significant expense to purchase and replace existing labels.
As discussed previously, existing labels that have already been reviewed will not have to be replaced. So Downs will not incur additional costs as a result of this regulation.
Additional Revisions
In addition to renumbering the provision published as § 461a.7(y)(3) to § 461a.7(z), the duplicate phrase ''or other color combination approved by the Office of Gaming Operations'' in this subsection has been deleted.
At proposed, in § 465a.5(h), the Board reduced, from three to one, the number of copies of reports or forms filed with the Securities and Exchange Commission or other regulatory agencies that had to be filed with the Bureau of Licensing. Because this information is now available by means of the Internet, the Board no longer believes it is necessary for copies of these items to be filed with the Board. Instead, slot machine licensees will only be required to provide notice that a filing has been made. This should reduce paperwork requirements for both the slot machine licensees and the Board.
The Board has also inserted the word ''manual'' in several places in § 465a.26 to enhance the clarity of this section.
Finally the Board had added the titles ''casino enforcement agent'' and ''casino enforcement supervisor'' in various sections of the proposed rulemaking to clarify who was responsible for performing certain functions. After the publication of the proposed rulemaking, these titles were changed to ''casino compliance representative'' and ''casino compliance supervisor'' to better reflect the nature of their duties. Corresponding changes to these titles have also been made in the final-form rulemaking in the proposed sections and in §§ 435a.7, 503a.4(a)(ii) and 511a.8(d)(1) (relating to emergency credentials; and duties of slot machine licensees).
Affected Parties
Slot machine licensees will have to comply with the new design standards and labeling requirements for slot machines, and changes in the patron dispute process and the surveillance requirements. Slot machine licensees will also have to comply with the new jackpot payout procedures and will have clearer guidance on the payment of and how merchandise jackpots are to be administered.
Fiscal Impact
Commonwealth
Because most of the revisions in this final-form rulemaking reflect current Board practice, there will be no significant costs or savings to the Board or other State agencies as a result of these revisions.
Political Subdivisions
This final-form rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Slot machine licensees will experience some slight savings from reduced filing requirements and from being required to submit fewer copies of a number of reports. Slot machine licensees may experience some costs related to the new design standards and labeling requirements for slot machines and associated equipment. Additionally, slot machine licensees may experience some increased cost to comply with the new requirements related to jackpot payouts and merchandise jackpots.
General Public
This final-form rulemaking will have no fiscal impact on the general public.
Paperwork requirements
This final-form rulemaking eliminates the requirement that slot machine licensees file a report with the Board on patron disputes that are not resolved within 7 days. It also eliminates a number of financial reports that are not needed and reduces the number of copies of other reports slot machine licensees must submit. These amendments will require more detailed filings of information related to merchandise jackpots.
Effective Date
The final-form rulemaking will become effective upon 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 (71 P. S. § 745.5(a)), on February 21, 2008, the Board submitted a copy of this proposed rulemaking, published at 38 Pa.B. 1151 and a copy of the Regulatory Analysis Form to IRRC and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee (Committees).
Under section 5(c) of the Regulatory Review 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 Regulatory Review Act (71 P. S. § 745.5a(j.2)), the final-form rulemaking was deemed approved by the Committees on August 20, 2008. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 21, 2008 and approved the final-form rulemaking.
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 Chapters 401a, 435a, 439a, 441a, 461a, 461b, 463a, 465a, 503a and 511a, are amended by amending §§ 401a.3, 435a.6, 439a.7, 439a.8, 439a.10, 439a.11, 441a.19, 461a.1, 461a.10, 461a.16, 461a.22, 463a.1, 463a.2, 463a.5, 463a.7, 465a.3, 465a.4, 465a.7, 465a.8, 465a.12, 465a.16, 465a.20, 465a.23, 465a.27--465a.29 and 465a.31 and by deleting § 461.b.1 to read as set forth 38 Pa.B. 1151; and by amending §§ 435a.7, 461a.7, 461a.25, 465a.2, 465a.5, 465a.9, 465a.11, 465a.13, 465a.18, 465a.25, 465a.26, 503a.4 and 511a.8 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, 38 Pa.B. 1151 and Annex A 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: The admendment of §§ 503a.4 and 511a.8 were not included in the proposed rulemaking at 38 Pa.B. 1151.)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 4961 (September 6, 2008).)
Fiscal Note: Fiscal Note 125-79 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION
CHAPTER 435a. EMPLOYEES § 435a.7. Emergency credentials.
(a) A principal, key employee, gaming employee or nongaming employee of the slot machine licensee who does not have the credential issued to him on his person, or whose credential has been stolen, lost or destroyed, may obtain an emergency credential from the Board to enable the employee to perform the employee's duties at the licensed facility.
(b) An employee seeking an emergency credential shall present himself to a casino compliance representative at the Board office at the licensed facility. Prior to issuing the emergency credential, the casino compliance representative will verify:
(1) The identity of the individual requesting the emergency credential.
(2) That the employee holds a valid license, permit or registration.
(3) That fewer than 12 emergency credentials have been issued to the employee in the past 12 months.
(c) The following provisions apply to emergency credentials:
(1) They will be valid for a time period not to exceed 72 hours.
(2) They shall be returned to the Board office at the licensed facility.
Subpart E. SLOT MACHINES AND
ASSOCIATED EQUIPMENT
CHAPTER 461a. SLOT MACHINE TESTING AND CONTROL § 461a.7. Slot machine minimum design standards.
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(b) The calculation of the theoretical payout percentage will not include:
(1) The amount of any progressive jackpot in excess of the initial or reset amount.
(2) A cash or noncash complimentary issued under § 465a.7 (relating to complimentary services or items).
(c) A play offered by a slot machine may not have a theoretical payout percentage which is less than, when calculated to one hundredth of a percentage point, the theoretical payout percentage for any other play offered by that slot machine which is activated by a slot machine wager in a lesser amount than the slot machine wager required for that play. Notwithstanding the foregoing, the theoretical payout percentage of one or more particular plays may be less than the theoretical payout percentage of one or more plays which require a lesser wager provided that:
(1) The aggregate total of the decreases in the theoretical payout percentage for plays offered by the slot machine is not more than 1/2 of 1%.
(2) The theoretical payout percentage for every play offered by the slot machine is equal to or greater than the theoretical payout percentage for the play that requires the lowest possible wager that will activate the slot machine.
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(w) A slot machine that does not require a full-time attendant for operation must be equipped with a service button designed to allow the player of a slot machine to request assistance. The service button must:
(1) Be visible to and within easy reach of the player of the slot machine.
(2) Communicate directly or through the slot machine to the slot machine's tower light which will provide a signal that is in compliance with the technical standards on slot machine tower lights under § 461b.2 (relating to slot machine tower lights and error conditions).
(x) A slot machine approved for use in a licensed facility must be configured to wager credits available for play in the following order:
(1) Noncashable credits.
(2) Cashable credits.
(y) A slot machine on the gaming floor must have a label on the top of the slot machine and on the front of the slot machine near the bill validator that displays the asset number and the gaming floor plan location number of the slot machine. The labels must have white lettering on a black background or other color combination approved by the Office of Gaming Operations, may not be easily removed and must be easily visible to the surveillance department. The label on the top of the slot machine must be at least 1.5 inches by 5.5 inches and the label on the front of the slot machine must be at least 1 inch by 2.5 inches.
§ 461a.25. Disputes.
(a) If a dispute arises with a patron concerning payment of alleged winnings, the slot machine licensee shall attempt to resolve the dispute. If the dispute can not be resolved, the slot machine licensee shall notify the casino compliance representatives at the licensed facility who will attempt to resolve the dispute. If the dispute is not resolved, the casino compliance representative will provide the patron with a Board Patron Dispute/Complaint Form and Instructions for Submitting a Patron Dispute/Complaint and assist the patron in completing the Board Patron Dispute/Complaint Form.
(b) When a patron files a complaint, BIE will conduct an investigation of the complaint.
CHAPTER 465a. ACCOUNTING AND
INTERNAL CONTROLS* * * * *
§ 465a.2. Internal control systems and audit protocols.
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(f) If a slot machine licensee intends to make a change or amendment to its system of internal controls, it shall submit the change or amendment electronically to the Office of Gaming Operations using the Amendment and Waiver Request Form posted on the Board's web site (www.pgcb.state.pa.us). A request for a change or amendment must include electronic copies of the attestations required under subsections (b)(1) and (2). The slot machine licensee shall also submit a written copy of the change or amendment and the required attestations to the Department. The slot machine licensee may implement the change or amendment on the 30th calendar day following the filing of a complete submission unless the slot machine licensee receives a notice under subsection (g) tolling the change or amendment.
(g) If during the 30-day review period in subsection (f), the Office of Gaming Operations preliminarily determines that a procedure in a submission contains a substantial and material insufficiency likely to have a direct and materially adverse impact on the integrity of slot operations or the control of gross terminal revenue, the Office of Gaming Operations, by written notice to the slot machine licensee, will:
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(i) When a change or amendment has been tolled under subsection (g), the slot machine licensee may submit a revised change or amendment within 30 days of receipt of the written notice from the Office of Gaming Operations. The slot machine licensee may implement the revised change or amendment on the 30th calendar day following the filing of the revision unless it receives written notice under subsection (g) tolling the change or amendment.
(j) A current version of the internal controls of a slot machine licensee shall be maintained in or made available in electronic form through secure computer access to the accounting and surveillance departments of the slot machine licensee and the Board's onsite facilities required under § 465a.8 (relating to licensed facility). The slot machine licensee shall also maintain a copy, either in paper or electronic form, of any superseded internal control procedures for a minimum of 5 years. The original signed two attestations required under subsection (b)(1) and (2) shall also be maintained for a minimum of 5 years. Each page of the internal controls must indicate the date on which it was approved by the Board.
§ 465a.5. Annual audit; other reports; suspicious activity and currency transaction reporting.
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(d) One copy of the audited financial statements, together with any management letter or report prepared thereon by the slot machine licensee's independent certified public accountant or independent registered public accounting firm, shall be filed with the Bureau of Licensing not later than 60 days after the end of the licensee's fiscal year.
(e) The slot machine licensee shall require the independent certified public accountant or independent registered public accounting firm auditing its financial statements to render the following additional reports:
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(f) The slot machine licensee shall prepare a written response to the independent certified public accountant's or independent registered public accounting firm's reports required by subsection (e)(1) and (2). The response must indicate, in detail, corrective actions taken. The slot machine licensee shall submit a copy of the response to the Bureau of Licensing within 90 days of receipt of the reports.
(g) The slot machine licensee shall file with the Bureau of Licensing one copy of the reports required by subsection (e), and one copy of any other reports on internal controls, administrative controls, or other matters relative to the slot machine licensee's accounting or operating procedures rendered by the licensee's independent certified public accountant or independent registered public accounting firm within 120 days following the end of the licensee's fiscal year or upon receipt, whichever is earlier.
(h) If the slot machine license, or a licensed holding company, licensed intermediary or licensed principal entity of the slot machine licensee, is publicly held, the slot machine licensee shall submit a notice to the Bureau of Licensing when it files any report, including forms S-1, 8-K, 10-Q, 10-K, proxy or information statements and registration statements, required to be filed by the slot machine licensee, licensed holding company, licensed intermediary or licensed principal entity of the slot machine licensee, with the SEC or other domestic or foreign securities regulatory agency. The notice must include a listing of the reports or forms filed and the date of the filing. The notice to the Bureau of Licensing shall be made within 10 days of the time of filing with the applicable Commission or regulatory agency.
(i) If an independent certified public accountant or independent registered public accounting firm who was previously engaged as the principal accountant to audit the slot machine licensee's financial statements resigns or is dismissed as the slot machine licensee's principal accountant, or another independent certified public accountant or independent registered public accounting firm is engaged as principal accountant, the slot machine licensee shall file a report with the Bureau of Licensing within 10 days following the end of the month in which the event occurs, setting forth the following:
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(j) The slot machine licensee shall request the former accountant to furnish to the slot machine licensee a letter addressed to the Bureau of Licensing stating whether he agrees with the statements made by the slot machine licensee in response to subsection (i)(2). The letter shall be filed with the Bureau of Licensing as an exhibit to the report required by subsection (i)(2).
(k) The slot machine licensee shall file with BIE a copy of any Suspicious Activity Report-Casino (SARC) it is required to file under 31 CFR 103.21 (relating to reports by casinos of suspicious transactions). Each SARC shall be filed with BIE concurrently with the Federal filing.
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(m) The slot machine licensee shall file with BIE a copy of any Currency Transaction Report by Casino (CTRC) it is required to file under 31 CFR 103.22 (relating to reports of transactions in currency). Each CTRC shall be filed with BIE concurrently with the Federal filing.
(n) Prior to commencing gaming operations, a slot machine licensee shall file with the Office of Gaming Operations, in a manner to be prescribed by the Office of Gaming Operations, a copy of its compliance program required under 31 CFR 103.64 (relating to special rules for casinos). Thereafter, a slot machine licensee shall file with the Office of Gaming Operations any amendment or supplement to its compliance program on or before the effective date of the amendment or supplement.
§ 465a.9. Surveillance system; surveillance department control; surveillance department restrictions.
(a) The surveillance system of a licensed facility must comply with 18 Pa.C.S. Chapter 57 (relating to Wiretapping and Electronic Surveillance Control Act) and section 1522 of the act (relating to interception of oral communications) and shall be submitted to and approved by the Board under § 465a.2 (relating to internal control systems and audit protocols). The Bureau will review surveillance system specifications, inclusive of the camera configuration and any changes or modifications to the system specifications, to determine whether the system provides the adequate and effective surveillance of activities inside and outside the licensed facility mandated by section 1207(11) of the act (relating to regulatory authority of board). A slot machine licensee may not commence gaming operations until its surveillance system is approved by the Board.
(b) A slot machine licensee shall at all times provide the Board and the Pennsylvania State Police with access to its surveillance system and its transmissions. Each member of its surveillance department shall comply with any request made by the Board or the Pennsylvania State Police to:
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(c) The surveillance system required in this section must include the following:
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(4) Audio capability in the count room installed in a manner that conforms to section 1522 of the act.
(5) One or more monitoring rooms in the licensed facility which shall be staffed by employees of the slot machine licensee's surveillance department who shall at all times monitor the activities enumerated in paragraph (1). Each monitoring room shall be equipped with or serviced by:
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(ii) Computer terminals which provide read only access to any computerized slot monitoring system or casino management system, or both, used by the slot machine licensee in its gaming operation.
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(h) The casino compliance representatives at the licensed facility shall be notified within 30 minutes of any incident of equipment failure as noted in subsection (f) including the time and cause of the malfunction, if known, the time the slot machine licensee's security department was notified of the malfunction and the nature of communications with the security department relating to the malfunction.
(i) The casino compliance supervisor at the licensed facility shall be notified at least 48 hours in advance of the following:
(1) Relocation of an approved camera.
(2) Change in an approved camera's specifications.
(3) Change in lighting for areas required to be subject to camera coverage.
(4) Addition or change to the surveillance system.
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(o) A present or former surveillance department employee may not accept employment as a key employee or gaming employee with the same slot machine licensee for whom he was previously employed as a surveillance department employee unless 1 year has passed since the former surveillance department employee worked in the surveillance department. The present or former surveillance department employee may file a written petition as required under § 493a.4 (relating to petitions generally) requesting the Board to waive this restriction and permit the employment of a present or former surveillance department employee in a particular position. The Board may grant or deny the waiver upon consideration of the following factors:
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