PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 401a, 435a AND 441a ]
Employee Revisions and Pennsylvania Race Horse Development Fund
[39 Pa.B. 3459]
[Saturday, July 11, 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. §§ 1311, 1311.1, 1311.2, 1321 and 1406 proposes to amend Chapters 401a, 435a, and 441a to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking makes minor revisions to provisions related to employees to improve the clarity and effectiveness of the Board's regulations. It also revises the time frame within which distributions of funds received by Category 1 slot machine licensees from the Pennsylvania Race Horse Development Fund must be made.
Explanation of Amendments to Chapters 401a, 435a and 441a
In § 401a.3 (relating to definitions), the definition of ''gaming employee'' has been amended to include employees of certified vendors whose duties require the employee to be on the gaming floor or in a restricted area. This makes the definition consistent with the existing requirement pertaining to these employees in § 437a.7(b) (relating to registered and certified vendor responsibilities).
In § 435a.1 (relating to general provisions), a new subsection (n) has been added which requires slot machine licensees to contact the Bureau of Licensing to verify that the license, permit or registration of an individual who currently holds a license, permit or registration is still valid before the slot machine licensee allows them to work in the licensed facility. Licenses, permits and registrations are not licensed facility specific. This allows the individuals to seek employment at other licensed facilities without having to obtain a new license, permit or registration. Requiring the slot machine licensee to contact the Bureau of Licensing will insure that an individual's license, permit or registration is in good standing.
In § 441a.18 (relating to employee status report), subsection (b) is being amended to require that the monthly status report prepared by the slot machine licensee also include the expiration date of employees who hold a license or a permit. This is being done so that the slot machine licensees can more easily track when renewal applications should be filed by these employees.
In § 441a.19 (relating to notice of employee misconduct and offenses and employee resignations), is being amended to simplify the process for reporting terminations of slot machine licensee employees. Currently, slot machine licensees must report terminations within 5 days. This has resulted in slot machine licensees having to file multiple reports throughout any given week. By changing to weekly reporting, slot machine licensees will have to make fewer filings and will be less likely to inadvertently fail to report a termination.
In § 441a.22 (relating to Category 1 slot machine licensees), subparagraphs (i) and (ii) in subsection (b)(3) are being amended. Currently, these subparagraphs require the transfer of funds received for purses or health and pension benefits to occur within 36 hours of receipt. However, if the funds are received late in the day prior to a weekend or holiday, slot machine licensees have sometimes not been able to comply with the 36-hour requirement. To remedy this problem, the language in both of these subparagraphs is being changed to require that the transfer of funds be completed by the close of the next business day.
Affected Parties
This proposed rulemaking will affect slot machine licensees, manufacturers, manufacturer designees, suppliers and certified vendors.
Fiscal Impact
Commonwealth
Under this proposed rulemaking, the Bureau of Licensing will have to respond to additional inquiries from slot machine licensees seeking to confirm the status of individuals who were employed at another licensed facility. The Bureau of Licensing will also receive fewer employee termination reports. Neither of these changes is anticipated to have any significant fiscal impact on the Board.
Political Subdivisions
This proposed rulemaking will have no direct fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Slot machine licensees, manufacturers, manufacturer designees, suppliers and certified vendors will have to verify the status of new employees that hold a license, permit or registration. However, the Board intends to allow the verification to be done by telephone or e-mail, so the costs associated with completing these verifications should be minimal.
The change in the timing for slot machine licensees to transfer funds received for purses or health and pension benefits will eliminate the potential for any sanctions related to noncompliance with the existing requirement.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
There will be some reduction in the number of termination reports that will have to be filed by slot machine licensees and reviewed by the Bureau of Licensing.
Effective Date
The proposed rulemaking will become effective upon 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 No. 125-104.
Contact Person
The contact person for questions about this proposed 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 June 30, 2009, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. 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 Regulatory Review 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 Regulatory Review 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.
GREGORY C. FAJT,
ChairpersonFiscal Note: 125-104. 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--
* * * * * (iii) Employees of a certified vendor, 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.
* * * * *
Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION
CHAPTER 435a. EMPLOYEES § 435a.1. General provisions.
* * * * * (n) Slot machine licensees, manufacturers, manufacturer designees, suppliers and certified vendors who hire an individual who holds a license, permit or registration issued by the Board shall contact the Bureau of Licensing to confirm that the individual's license, permit or registration is in good standing prior to allowing the individual to work in the licensed facility.
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441a. SLOT MACHINE LICENSES § 441a.18. Employee status report.
* * * * * (b) Each month each slot machine licensee shall generate a monthly employee status report of the slot machine licensee's and management company's employees. The report shall be submitted to the Bureau of Licensing no later than the 15th calendar day of the following month. The report must include the following information:
(1) An alphabetical listing of the individuals currently employed by the slot machine licensee and the management company and the following information with respect to each employee listed:
* * * * * (iii) The employee's license, permit or registration number and expiration date, if applicable.
* * * * * § 441a.19. Notice of employee misconduct and offenses and employee resignations.
(a) A slot machine licensee or management company shall [notify] submit a weekly report to the Bureau of Licensing [, within 5 days] of the [termination] terminations of [an employee] any employees [, of information surrounding the termination of the employee that could be cause for suspension or revocation of the employee's license, permit or registration or enforcement action related thereto ].
(b) The [notice] weekly report must include the following information:
* * * * * § 441a.22. Category 1 slot machine licensees.
* * * * * (b) If a Category 1 license is issued to a legal business entity in an organization, any legal business entity within the organization that has been approved or issued a Category 1 license shall be responsible for, in particular, but not limited to, complying with:
* * * * * (3) Distribution allocations received from the Pennsylvania Race Horse Development Fund under section 1406 of the act (relating to distributions from Pennsylvania Race Horse Development Fund).
(i) Funds designated for purses under section 1406(a)(1)(i) of the act shall be deposited into an account established by and for the benefit of the horsemen [within 36 hours of] by the close of the next business day following the receipt of the funds from the Commonwealth.
(ii) Funds designated for health and pension benefits under section 1406(a)(1)(iii) of the act shall be deposited into an account established under the rules and regulations of the horsemen's organization [within 36 hours of] by the close of the next business day following the receipt of the funds from the Commonwealth.
* * * * *
[Pa.B. Doc. No. 09-1222. Filed for public inspection July 10, 2009, 9:00 a.m.]
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