NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[39 Pa.B. 6401]
[Saturday, October 31, 2009]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in Section 5.2 of the Regulatory Review Act (71 P. S. § 645.5b).
The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
IRRC
Reg No. Agency/Title Close of the Public
Comment PeriodIRRC
Comments
Issued125-103 Pennsylvania Gaming Control Board
Employees; Slot Machines; Accounting and Internal Controls; and Compulsive and Problem Gambling9/21/09 10/21/09 39 Pa.B. 5018 (August 22, 2009) 125-105 Pennsylvania Gaming Control Board
Jackpot and Credit Meter Payouts9/21/09 10/21/09 39 Pa.B. 5022 (August 22, 2009)
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Pennsylvania Gaming Control Board
Regulation #125-103 (IRRC #2781)
Employees; Slot Machines; Accounting and Internal Controls; and Compulsive and Problem Gambling
October 21, 2009 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.
1. Section 461a.7. Slot machine minimum design standards.—Clarity.
Subsection (y) adds the phrase ''or other sizes approved by the Bureau of Gaming Operations.'' It is unclear how this approval is obtained. Would a licensee be required to go through the waiver process under Section 461a.24? This should be clarified in the final-form regulation. Similar concerns apply to Sections 461a.10(b) and 461a.22(b).
2. Section 465a.2. Internal control systems and audit protocols.—Need; Reasonableness.
Under Subsection (c)(9), the Board proposes to require a licensee to amend its internal controls to ensure that its employees are in compliance with Chapter 435a (relating to Employees). In the preamble, the Board states that it is adding this requirement because licensees ''are expected to be proactive about having their employees comply with the various reporting requirements.''
Downs Racing, LP asserts that it is unreasonable to shift this oversight responsibility from the Board to the licensee and would be burdensome and unnecessary. The Board should further explain the need for and reasonableness of this new provision.
3. Section 465a.8. Licensed facility.—Clarity.
Proposed language that is added to Subsection (c) states ''. . . and any other doors designated by the Bureau of Gaming Operations. . . .'' It is unclear how this designation would be made. The Board should clarify this provision in the final-form regulation.
4. Section 465a.9. Surveillance system; surveillance department control; surveillance department restrictions.—Clarity.
Subsection (c)(5)(iv) adds language that would require a licensee to maintain photographs of individuals who are on the Board's self-exclusion list in the licensee's photo library. It is unclear if these photographs could be placed in the same photo library as all current employees or if a licensee would be required to create a separate photo library just for those people on the self-exclusion list. The final-form regulation should clarify this provision.
Pennsylvania Gaming Control Board
Regulation #125-105 (IRRC #2782)
Jackpot and Credit Meter Payouts
October 21, 2009 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2009 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.
Section 465a.26. Jackpot and credit meter payouts.—Implementation procedures; Clarity.
According to the Board, Subsections (b)(2), (3) and (4) have been amended to give slot machine licensees greater flexibility as to whom they may designate to act as a witness for jackpot or credit meter payouts of various amounts. We have two concerns.
First, each paragraph, depending on the payout amount, requires certain licensee personnel to be present when jackpot or credit meter payout slips are created. Paragraphs (3) and (4) include the phrase ''or other employee holding the same or greater level of authority.'' Would this provision allow any employee with a greater level of authority to act as a witness with the required personnel? The final-form regulation should be amended to clarify these paragraphs.
Second, Paragraph (2) pertains to payouts between $1,200.00 and $9,999.99. Paragraph (3) pertains to payouts between $10,000.00 and $24,999.99. A commentator has noted that this language does not address payouts of exactly $1,200.00, $9,999.99, $10,000.00 and $24,999.99. We recommend that the final-form regulation be amended to include these specific amounts.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 09-2041. Filed for public inspection October 30, 2009, 9:00 a.m.]
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