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PA Bulletin, Doc. No. 09-2279



[ 58 PA. CODE CHS. 401a, 435a AND 441a ]

Employee Revisions and Pennsylvania Race Horse Development Fund

[39 Pa.B. 7010]
[Saturday, December 12, 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 in 4 Pa.C.S. §§ 1311, 1311.1, 1311.2, 1321 and 1406, amends Chapters 401a, 435a and 441a to read as set forth at 39 Pa.B. 3459 (July 11, 2009).

Purpose of the Final-Form Rulemaking

 The final-form 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 licensees and certified vendors 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 individual is allowed to work in a 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 licensees and certified vendors 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) has been amended to require that the monthly status report prepared by a slot machine licensee also include the expiration date of the license or permit held by 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.

 Section 441a.19 (relating to notice of employee misconduct and offenses and employee resignations) has been amended to simplify the process for reporting terminations of slot machine licensee's employees. Currently, slot machine licensees must report individual 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), subsection (b)(3)(i) and (ii) has been 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 has been changed to require that the transfer of funds be completed by the close of the next business day.

Comment and Response Summary

 Notice of proposed rulemaking was published at 39 Pa.B. 3459.

 During the public comment period, the Board did not receive any public comments. By letter dated September 9, 2009, the Independent Regulatory Review Commission (IRRC) notified the Board that it had no comments, recommendations or objections to the proposed rulemaking.

 The Board has made no changes to the proposed amendments in the final-form version of this rulemaking.

Affected Parties

 This final-form rulemaking will affect slot machine licensees, manufacturers, manufacturer designees, suppliers and certified vendors.

Fiscal Impact


 Under this final-form rulemaking, the Bureau of Licensing will have to respond to additional inquiries from licensees and certified vendors seeking to confirm the status of individuals who were employed by another licensee or certified vendor. 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 final-form rulemaking will have no 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 already hold a license, permit or registration. However, the Board intends to allow the verification to be done by telephone or email, 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 final-form rulemaking will have no fiscal impact on the general public.

Paperwork Requirements

 This final-form rulemaking will result in a 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 final-form 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 (71 P. S. § 745.5(a)), on June 29, 2009, the Board submitted a copy of this proposed rulemaking, published at 39 Pa.B. 3459 and a copy of the Regulatory Analysis Form to IRRC and to the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee (Committees).

 Under section 5(c) of the Regulatory Review Act, 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 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 November 4, 2009. Under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5a(e)) the final-form rulemaking was deemed approved by IRRC, effective November 4, 2009.


 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 (relating to notice of proposed rulemaking required; and adoption of regulations).

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


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

 (a) The regulations of the Board, 58 Pa. Code Chapters 401a, 435a and 441a, are amended by amending §§ 401a.3, 435a.1, 441a.18, 441a.19 and 441a.22 to read as set forth at 39 Pa.B. 3459.

 (b) The Chairperson of the Board shall certify this order and 39 Pa.B. 3459 and deposit them with the Legislative Reference Bureau as required by law.

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


Fiscal Note: Fiscal Note 125-104 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 09-2279. Filed for public inspection December 11, 2009, 9:00 a.m.]

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