(1) Agency:

Pennsylvania Gaming Control Board

(2) Agency Number:

Identification Number: 125-94

ton

IRRC Numben 7 ^ ^ J

(3) Short Title:

Slot Machine Master Lists

(4) PA Code Cite:

58 Pa. Code §§ 461a.l, 463a.3 and 463a.5.

(5) Agency Contacts (List Telephone Number, Address, Fax Number and Email Address):

Primary Contact:Richard SanduskyDirector of Regulatory ReviewPennsylvania Gaming Control BoardP.O. Box 69060Harrisburg, PA 17101-8323Phone:717-214-8111 / Fax:717-703-2988Email: rsandusky@state.pa.us

Secondary Contact: None,^11

(6) Primary Contact for Public Comments (List Telephone Number, Address, Fax Number and EmailAddress) - Complete if different from #5:

See primary contact.

(All Comments will appear on IRRC'S website)

(7) Type of Rulemaking (check applicable box):

• Proposed RegulationIEI Final RegulationQ Final Omitted RegulationO Emergency Certification Regulation;

• Certification by the Governor• Certification by the Attorney General

(8) Briefly explain the regulation in clear and nontechnical language. (100 words or less)

This rulemaking updates the requirements for filing slot machine master lists by: creating a unique namefor each list; revising the information that must be included in each list; and requiring that all of the listsbe submitted electronically.

(9) Include a schedule for review of the regulation including:

A. The date by which the agency must receive public comments:

B. The date or dates on which public meetings or hearingswill be held:

C. The expected date of promulgation of the proposedregulation as a final-form regulation: 11

30 days after publication

N/A

2nd Quarter 2009_

D. The expected effective date of the final-form regulation: 60 days after final publication

E. The date by which compliance with the final-formregulation will be required:

F. The date by which required permits, licenses or otherapprovals must be obtained:

60 days after final publication

N/A

(10) Provide the schedule for continual review of the regulation.

No formal review schedule has been established. Instead, the Board will be constantly reviewing itsregulations and proposing amendments as the need arises.

^

(11) State the statutory authority for the regulation. Include specific statutory citation.

§ 1202(b)(30) of the Pennsylvania Race Horse Development and Gaming Act (Act) (4 Pa.C.S. §1202(b)(30)) provides the Board with general authority to promulgate regulations the Board deemsnecessary to carry out the policy and purposes of the Act.

§ 1207 (4 Pa.C.S. § 1207) provides additional authority for ffiis rulemaking.

(12) Is the regulation mandated by any federal or state law or court order, or federal regulation? Arethere any relevant state or federal court decisions? I f yes, cite the specific law, case or regulation as wellas, any deadlines for action.

There are no other applicable federal or state statutes, regulations or court decisions that mandateadoption of the changes contained in this rulemaking.

(13) State why the regulation is needed. Explain the compelling public interest that justifies theregulation. Describe who will benefit from the regulation. Quantify the benefits as completely aspossible and approximate the number of people who will benefit.

As licensed facilities have commenced operations, the Bureau of Gaming Laboratory Operations hasbeen able to refine the list of information it needs to monitor the operation of slot machines and toprotect the integrity of gaming.

,y-#i''iurT;u^

(14) If scientific data, studies, references are used to justify^^s regulation, please submit material withthe regulatory package. Please provide full citation and/or links to internet source.

There are no studies or research upon which this regulation is based.

(15) Describe who and how many will be adversely affected by the regulation. How are they affected?

No one will be adversely affected by this regulation. Most of the slot machine licensees are alreadysubmitting this information using their existing casino management computer systems. The exception tothis is Downs Racing, which is scheduled to upgrade its computer system in the near future.

(16) List the persons, groups or entities that will be required to comply with the regulation.Approximate the number of people who will be required to comply.

There are 7 operating slot machine licensees who will have to comply with this regulation.

There is only one other entity that is authorized to possess slot machines that will have to comply withthis regulation. •t^rmi:

(17) Provide a specific estimate of the costs and/or sayings to the regulated community associated withcompliance, including any legal, accounting or consulting procedures which may be required. ExplainHow the dollar estimates were derived. ^ ?1

There may be some minor cost to slot machine licensees and other entities required to file these reportswhich may be offset by the reduced information that needs to be provided for slot machines that are noton the gaming floor and the use of electronic filing.

None of these costs or savings are expected to be significant.

(18) Provide a specific estimate of the costs and/or savings to local governments associated withcompliance, including any legal, accounting or consulting procedures which may be required. Explainhow the dollar estimates were derived.

This rulemaking wil l have no direct fiscal impact on pq|itic#|;subdi visions of this Commonwealth.

(19) Provide a specific estimate of the costs and/or savings to state government associated with theimplementation of the regulation, including any legal, accounting, or consulting procedures which maybe required. Explain how the dollar estimates were derived.

Under this rulemaking the Board wil l receive all of this information electronically which should reduceadministrative costs. However, the amount is not anticipated to be significant.

.m ndliMp%s

(20) In the table below, provide an estimate of the fiscal savings and costs associated withimplementation and compliance for the regulated community, local government, and state governmentfor the current year and five subsequent years.

SAVINGS:

Regulated Community

Local Government

State Government

Total Savings

COSTS:

Regulated Community

Local Government

State Government

Total Costs

REVENUE LOSSES:

Regulated Community

Local Government

State Government

Total Revenue Losses

Current FY

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A' .,

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

'kU#A

••• - i /A

N/A

N/A

N/A

N/A

N/A

N/A

YearN/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

YearN/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

FY+5YearN/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

(20a) Provide the past three year expenditure history for programs affected by the regulation.

Program

Board Budget

FY-3

$13,200,000

FY-2

$26,400,000

•U-is#A

FY-1

$29,984,000

Current FY

$33,300,000

(21) Explain how the benefits of the regulation outweigh any cost and adverse effects.

Slot machine licensees and other affected entities will benefit by having clearer reporting standards andby being able to file these reports electronically.

The Board will benefit through a slight reduction in administrative burdens and improved access to thisinformation. : a i '

(22) Describe the communications with and input from the public and any advisory council/group in thedevelopment and drafting of the regulation. List the specific persons and/or groups who were involved.

No specific public input was solicited prior to the proposal of this rulemaking. The list of requiredinformation has evolved over time based on the Bureau of Gaming Laboratory Operations' work withthe slot machine licensees.

(23) Include a description of any alternative regulatory provisions which have been considered andrejected and a statement that the least burdensome acceptable alternative has been selected.

No alternative regulatory approaches were considered because the only way to change the reportingrequirements was to amend the existing regulations.

(24) Are there any provisions that are more stringent than federal standards? If yes, identify the specificprovisions and the compelling Pennsylvania interest that demands stronger regulations.

There are no corresponding federal standards for any of the provisions in this rulemaking.

(25) How does this regulation compare with those of other states? How will this affect Pennsylvania'sability to compete with other states?

Nothing in this amendment will put Pennsylvania at a competitive disadvantage with other states.

(26) Will the regulation affect any other regulations of the promulgating agency or other state agencies?If yes, explain and provide specific citations.

This regulation will amend §§ 461a.l, 463a.3 and 463a.5 in 58 Pa, Code.

(27) Submit a statement of legal, accounting or consulting procedures and additional reporting,recordkeeping or other paperwork, including copies of forms or reports, which will be required forimplementation of the regulation and an explanation of measures which have been taken to minimizethese requirements.

This rulemaking will modify existing reporting requirements and require that all of these reports besubmitted electronically. To simplify the electronic reporting, the Bureau of Gaming LaboratoryOperations has developed Excel templates that can be used.

(28) Please list any special provisions which have been developed to meet the particular needs ofaffected groups or persons including, but not limited to, minorities, elderly, small businesses, andfarmers.

There are no special provisions included in this rulemaking for any particular group.

'Casino Name" Restricted Area/Off-premises Slott Machine Master List"Month Day, Year" list was prepared

Zone/LocationWarehouse A

Slot Repair DepartmentApproved Off-Site Location

22222223333333

Game Software/Program IDID for that game

OS/Base ROMOS for that game

Theme/DescriptionTheme of Game

Manufacturer

IGTAristocrat

S2000/3 ReelTrimline

Model Type

Casino NarM, Warehouse 4/22/2009

"Casino Name' On Gaming Floor IGT MultiGame Slot Machine Master List"Month Day, Year" list was prepared

Location Program IDGE011-000120-0001

ManufactureGame King 5.0

You a may also create groupings to make the sheet smalleran example would be for the above games to be IGTGK1

and the other groupings that are not identical could also be made

Game SelectionJacks or BetterBonus Poker

Double Double Bonus PokerDuces Wild

Joker Poker

Jacks or BetterBonus Poker

Double Double Bonus PokerDuces Wild

Joker Poker

Caveman KenoSpot Keno

Double Double Bonus PokerDuces Wild

Joker Poker

This style would look like the below master list format

Location Program IDGE011-000120-0001GE011-000120-0001

ManufactureGame King 5.0Game King 5.0

Game Package

Paytable IDselected paytable

selected paytableselected paytableselected paytableselected paytableselected paytable

selected paytableselected paytableselected paytableselected paytableselected paytable

Min Payout % Displayed Payout %

96.80%

Smoking

No

Casino Name, IGT Multigame 4/22/2009

"Casino Name" On Gaming Floor Bally MultiGame Slot Machine Master List"Month Day, Year list was prepared

05-05-11 V061285-869Program ID

AVGPKM001000-00Manufacture

Multi-Play Poker

You a may also create groupings to make the sheet smalleran example would be for the above games to be BallyMultM

and the other groupings that are not identical could also be made

Game SelectionBonus Poker

Double Bonus Poker jDouble Double Bonus PokerDeuces Wild Bonus Poker

Bally MultMBonus Poker

Double Bonus PokerDouble Double Bonus PokerDeuces Wild Bonus Poker

Bally Multi2Thriple Double

Blazing 7sDouble Double Bonus PokerDeuces Wild Bonus Poker

This style would look like the below master list format

i 05-05-09 V061285-865V061285-869

Program IDAVGPKM001000-00AVGPKM001000-00

ManufactureMulti-Play PokerMulti-Play Poker

Game PackageBallyMultMBallyMulti2

Paytable IDselected paytableselected paytableselected paytableselected paytable

selected paytableselected paytableselected paytableselected paytable

selected paytableselected paytableselected paytableselected paytable

Min Payout % Displayed Payout % Smoking

Casino Name, Multigame 4/22/2009

"Casino Name" On Gaming Floor WMS MultiGame Slot Machine Master List"Month Day, Year11 list was prepared

W2148842

__

Program IDS614-000-1000

ManufactureMulti-Pay Plus Poker

You a may also create groupings to make the sheet smalleran example would be for the above games to be WMSMultM

and the other groupings that are not identical could also be made

Game Selection2x 4 of a kind

4x 4 kindjacks or betterdeuces wildjoker pokerMulti Pay

WMSMultM2x4 of a kind

4x4 kindjacks or betterdeuces wildjoker pokerMulti Pay

WMSMulti22x4 of a kind

4x 4 kindjacks or betterdeuces wildjoker pokerMulti Pay

This style would look like the below master list format

Location

01-14-03W2148842W2148844

4

Program IDS614-000-1000S614-000-1000

ManufactureMulti-Pay Plus PokerMulti-Pay Plus Poker

Game PackageWMSMultMWMSMulti2

Paytable IDselected paytable

selected paytableselected paytableselected paytableselected paytableselected paytableselected paytableselected paytable

selected paytableselected |>aytableselected:paytableselected paytableselectedbaytableselectedfcaytableselected [paytable

Min Payout %95.65%

95.65%

98.00%

Displayed Payout % Smoking

Casino Name, WMS Multigame 4/22/2009

CDL-1

FACE SHEETFOR FILING DOCUMENTS

WITH THE LEGISLATIVE REFERENCEBUREAU

(Pursuant to Commonwealth Documents Law)

Copy below is hereby approved as to form and legality.Attorney General

(Deputy Attorney General)

DATE OF APPROVAL

• C h e c k if applicableCopy not approved. Objections attached.

me sDO NOT WRITE IN THIS SPACE H ' Z ;

Copy below is hereby certified to be true and correctcopy of a document issued, prescribed or promulgated

Pennsylvania GamingControl Board

FISCAL NOTE NO.

DATE OF ADOPTION, l^-M-M

Mary DiGi Colins, CHAIRMAN

Copy below is hereby approved as to form and legalityExecutive or Independent Agen

R. Douglas Snermanf.Acting Chief Counsel

DATE OF APPROVAL

(Deputy General Counsel)(Chief Counsel - Independent Agency)

(Strike inapplicable title)

• Check if applicable. No Attorney General Approval orobjection within 30 days after submission.

FINAL-FORM RULEMAKINGCOMMONWEALTH OF PENNSYLVANIA

58 PA. CODE, SUBPART E.CHAPTERS 461a and 463a

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[58 PA.CODE CHAPTERS 461a AND 463a]

Slot Machine Master Lists

The Pennsylvania Gaming Control Board (Board), under itsgeneral authority in 4 Pa.C.S. § 1202(b)(30)(relating to generaland specific powers) and the specific authority in 4 Pa.C.S. §12 07 (relating to regulatory authority of board) amends Chapters4 61a and 4 63a to read as set forth in Annex A.

Purpose of the Final-form Rulemakingr

This final-form rulemaking updates the requirements forfiling slot machine master lists by renaming each list, revisingthe lists of required information for each list and requiringthat all of these lists be submitted electronically.

Explanation of Amendments to Chapters 4 61a and 4 63a

In § 461a.1 (relating to definitions) definitions of theterms "machine displayed payout percentage" and "minimum payoutpercentage" have been added. Additionally, the definition ofthe term "paytable" has been amended to replace the word"payback" with "payout" which is the word that is usedthroughout the Board's regulations.

Revisions to § 463a.3 (relating to slot machine location)delete unnecessary language and replace the old list name "SlotMachine Master List" with the new liit name "Gaming Floor SlotMachine Master List." ; ;

In § 463a.5 (relating to slot machine master lists)numerous revisions have been made to enhance the clarity of thissection and to update the various reporting requirements. Thegeneric references to the Slot Machine Master List have beenreplaced with more descriptive names for each list. The slotmachine master list for games on the gaming floor is now calledthe Gaming Floor Slot Machine Master List, the list for slotmachines in the possession of a slot machine licensee that arenot on the gaming floor is called the Restricted Area/Off-Premises Slot Machine Master List and the list for non-slot

machine licensees authorized to possess slot machines willretain the name Slot Machine Master List.

The list of items required to be included in the GamingFloor Slot Machine Master List has been updated and expanded toinclude additional information that the Bureau of GamingLaboratory Operations needs to monitor the operation of slotmachines on the gaming floor and protect the integrity ofgaming. The items required in the Restricted Area/Off-PremisesSlot Machine Master List and the Slot Machine Master Listconsist of subsets of the items required for the Gaming FloorSlot Machine Master List. Less information is needed aboutthese slot machines because they are not being used for gaming.

Finally, all of these reports will now be required to besubmitted electronically using formats approved by the Bureau ofGaming Laboratory Operations. To simplify the submissionprocess, the Bureau of Gaming Laboratory Operations hasdeveloped Excel templates that can be used for each of therequired reports.

Comment and Response Summary ; ;-

Notice of proposed rulema.kih§^as published at 39 Pa.B. 423(January 24, 2009).

The Board received comments from Greenwood Gaming andEntertainment, Inc. (Greenwood) and Downs Racing, L.P. (Downs).On March 25, 2009, the Independent Regulatory Review Commission(IRRC) notified the Board that it had no objections, comments orrecommendations to offer on the proposed rulemaking. All of thecomments received were reviewed by the Board and are discussedin detail below.

In its comments, Greenwood had no objections to theproposed rulemaking, but asked for clarification of otherrequirements. More specifically, if Greenwood made certainchanges to the Slot Machine Modification Request form, would itbe sufficient to also meet the requirements for the Slot MachineMovement Log in § 463a.5(e) and (f) .

The Board appreciates Greenwood's expression of support forthe proposed rulemaking. Conceriiing the related question raisedin Greenwood's comments, the Buir^lu^Bf Gaming LaboratoryOperations is reviewing the suggestion offered. If the Bureauof Gaming Laboratory Operations believes that the suggestion hasmerit, revisions will be proposed as part of a new rulemaking.

Downs suggested that the Board delete subsection(b)(2)(xi). Downs stated that the minimum payout percentage insubparagraph (xi) is already included in the paytable ID insubparagraph (xii); accordingly there is no need to also reportthe minimum payout percentage.

The Board has not adopted this recommendation. As ageneral rule, paytables have multiple payout percentages. Onlyknowing what paytable is being uqed^won't tell you which payoutpercentage has been selected. ,A4dj,|i(gnally, the Bureau ofGaming Laboratory Operations has #e%ewed paytables that havepayout percentages above and below the required 85% level.While these paytables have been approved, the approval onlyapplies the portions of paytables that have payout percentagesof 85% or more. Accordingly, listing the payout percentage thathas been selected is necessary to ensure that an allowablepercentage is being used.

Affected Parties

This final-form rulemaking alters what information isrequired to be included in the reports that slot machinelicensees and other entities that are authorized by the Board topossess slot machines currently file.

Fiscal Impact

Commonwealth, • • ? • ; ^ . : ; V

Under this final-form rulema|:||g| the Board will receiveall of this information electronically which should reduceadministrative costs. However, the reduction in costs is notanticipated to be significant.

Political Subdivisions

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

Private Sector

There may be some minor cost to slot machine licensees andother entities required to file these reports because of theadditional information that must be provided. However, thesecosts may be offset by the savings that will result from thereduction in the amount of information that must be provide for

'Am

slot machines that are not on theK|if|ng floor and the use ofelectronic filing. u^tV

General Public

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

Paperwork requirements

Slot machine licensees and other entities required to filethese reports will be able to reduce paperwork through the useof electronic filing.

Effective Date

This final-form rulemaking will become effective 60 daysafter final-form publication in the Pennsylvania Bulletin.

Contact Person l

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

Regulatory Review

Under sections 5(a) and (f) of the Regulatory Review Act(act) (71 P.S. § 745.5(a) and (f)), on January 9, 2009, theBoard submitted a copy of this proposed rulemaking, published at39 Pa.B. 423 (January 24, 2009), and a copy of the RegulatoryAnalysis Form to the Independent Regulatory Review Commission(IRRC). In accordance with section 5(f) of the act, on February11, 2009, the Board submitted the proposed rulemaking andrequired material to the Chairpersons of the House GamingOversight Committee and the Senate Community, Economic andRecreational Development Committee (Committees).

Under section 5(c) of the Regulatory Review Act (71 P.S. §745.5(c)), IRRC and the Committefs4were provided with copies ofthe comments received during the pi%B$ic comment period, as wellas other documents when requested. In preparing the final-formrulemaking, the Board has considered all comments received fromIRRC, the House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71P.S. § 745.5a(j.2)), the final-form rulemaking was deemed

approved by the Committees on INSERT DATE, 2009. Under section5.1(g) of the Regulatory Review Act (71 P.S. § 745.5a(g)) thefinal-form rulemaking was deemed approved by IRRC on INSERTDATE, 2009.

Findings

The Board finds that:

(1) Public notice of intention to a^Apt these amendments wasgiven under sections 201 and 202 o#B#e act of July 31, 1968(P.L. 769, No. 240)(45 P.S. §§ 1201 and 1202) and theregulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

(2) The final-form rulemaking is necessary and appropriate forthe 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 461a and463a are amended by amending §§ 461a.1, 463a.3 and 463a.5 toread as set forth at 39 Pa.B. 423.

(b) The Chairperson of the Board shall certify this order, 38Pa.B. 64 96 and Annex A and deposit them with the LegislativeReference Bureau as required by law.

(c) This order shall take ^ffect^&n publication in thePennsylvania Bulletin.

MARY DIGIACOMO COLINS,Chairperson

Title 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT

CHAPTER 461a- SLOT MACHINE TESTING AND CONTROL

§ 461a.1. Definitions.

The following words and terms, when used in this subpart,

have the following meanings, unless the context clearly

indicates otherwise:

Machine displayed payout perceiitia|re^ The selectable payout

percentage that is set by the slot machine licensee during the

initial configuration or a subsequent reconfiguration of a slot

machine and is displayed in the slot machine's service menu

during normal operation.

Minimum payout percentage - The lowest aggregate awards expected

to be paid out over one cycle of the game divided by the total

number of combinations in the cycle of the game.

[Paytables] Pay table - A selectaMWpkrt of a slot machine

program that contains slot machine characteristics including,

but not limited to, the theoretical [payback] payout percentage,

reel strips and awards.

1

CHAPTER 463a. POSSESSION OF SLOT MACHINES

§ 463a.3. Slot machine location.

(b) A slot machine [in a sldt%Bchine area] on a gaming

floor shall be placed at a location, which location may contain

no more than one slot machine, identified by number on a gaming

floor plan approved by the Board under section 1322 of the act

(relating to slot machine accounting controls.and audits) and §

467a.1 and shall also be identified by this slot machine

location number and an asset number on [a Slot Machine Master

List] the Gaming Floor Slot Machine Master List.

§ 463a.5. Slot machine master [list] lists.

(a) Prior to the commencement t>f" operations at a licensed

facility, [an applicant for, or holder of,] a slot machine

[license] licensee shall file the following with the Bureau of

Gaming Laboratory Operations and the Office of Gaming

Operations, [in writing or] in an electronic format approved by

the [Board, a complete list of slot machines possessed by the

applicant or licensee on its gaming floor, in restricted areas

off the gaming floor but within the licensed facility approved

by the Board under § 465a.8(b) (relating to licensed facility),

and in storage locations in this Commonwealth off the premises

• - : - #

2

of the licensed facility approved by the Board under § 463a.7

(relating to off premises storage of slot machines). The list

shall be denoted as a Slot Machine Master List.] Bureau of

Gaming Laboratory Operations:

(1) Gaming Floor Slot Machine Master List.

(2) Restricted Area/Off Premises Slot Machine Master

(b) [The] A Gaming Floor Slot Machine Master List must

[contain the following information which, for those] list all

slot machines located on the gaming floor [, must be presented

for each slot machine] in consecutive order by the slot machine

location number under § 4 63a.3 (relating to slot machine

location) and contain the following information:

(2) A description of each slot machine [by] which

includes:

(i) [Asset number and model and manufacturer's

serial number] The zone/location number.

(ii) [Denbrtinatiotfl^l1 configured for multiple

denominations, a list the denominations] The asset number.

(iii) [Manufacturer and machine type, noting

cabinet type, or if it is a progressive or a wide area

progressive slot machine] The manufacturer's serial number.

(iv) [An indication as to whether the slot

machine is configured to communicate with a cashless funds

transfer system] The base denomination, or if configured for

multiple denominations, a list the denominations.

(v) [An indication as to whether the slot machine

is configured to communicate with a gaming voucher system] The

game software/program ID.

(vi) The operating system/base ROM.

(vii) The manufacturer.

(viii) The slot machine model.

(ix) The model type (reel or video).

(x) The game theme/description.

(xi) The minimum paybtit percentage.

(xii) The machine displayed payout percentage.

(xiii) The paytable ID.

(xiv) Is the slot machine in a smoking area?

(xv) Is the slot machine a progressive; if it is,

the type of progressive.

(xvi) If it is a progressive, the progressive

controller type.

(xvii) If it is a progressive, the progressive

software.

(xviii) The fund 6##%er/voucher system

software.

[(3) For those slot machines located off the gaming

floor, an indication as to whether the slot machine is in a

restricted area off the gaming floor but within the licensed

facility approved by the Board under § 465a.8 or in a Board-

approved storage location in this Commonwealth off the premises

of the licensed facility approved by the Board under § 463a.7.

(4) Additional documentation requested by the Board

related to the location of slot machines.]

(c) If a slot machine is configured to allow a patron to

select from multiple game themes, each game theme, minimum and

machine displayed payout percentages and paytable ID must be

listed in the Gaming Floor Slot Machine Master List. Instead of

listing each game theme, minimum and machine displayed payout

percentage and paytable ID for a slot machine configured to

offer multiple game themes with the slot machine, a slot machine

licensee may use a unique generic code for the game theme and

attach an appendix which lists t:iii f ie themes, minimum and

machine displayed payout percentages and paytable IDs that

correspond to each unique generic game theme code.

(d) A Restricted Area/Off Premises Slot Machine Master List

must include all slot machines located off the gaming floor but

within a restricted area in the licensed facility approved by

the Board under § 465a.8(b) (relating to licensed facility), or

in storage locations in this Commonwealth off the premises of

5

the licensed facility approved by the Board under § 463a.7

(relating to off premises storage 6##lot machines) grouped by

the each location where the slot machines are located. A

Restricted Area/Off Premises Slot Machine Master List must

include the following information:

(1) The date the list was prepared.

(2) A description of each slot machine which includes:

(i) The location of the slot machine.

(ii) The asset number.

(iii) The manufacturer's serial number.

(iv) The game software/program ID.

(v) The operatirig^iftiim/base ROM.

(vi) The game theme/description.

(vii) The manufacturer.

(viii) The slot machine model.

(ix) The model type (reel or video).

(e) Once a slot machine has been placed in an authorized

location on the gaming floor or is stored in a restricted area

off the gaming floor but within the licensed facility approved

by the Board under § 465a.8 or in a location in this

Commonwealth off the premises of the licensed facility approved

by the Board under § 463a.7, al& #%&%%quent movements of that

slot machine [within the licensed facility] shall be recorded by

a slot department member in a slot machine movement log which

includes the following:

(2) The date and time of the movement.

[(d)] (f) Documentation summarizing slot machine movements

[within a licensed facility] shall be submitted to the Bureau of

Gaming Laboratory Operations, in [writing or in] an electronic

format approved by the [Board] Bureau of Gaming Laboratory

Operations, on a daily basis.

[(e)] (g) On the first Tuesday of each month following the

initial filing of [a Slot Machine Master List, an applicant for,

or holder of] the Gaming Floor Slot Machine Master List and the

Restricted Area/Off Premises Slot Machine Master List, a slot

machine [license] licensee shall file with the Bureau of Gaming

Laboratory Operations, in [writing-0||in] an electronic format

approved by the [Board] Bureau of Gaming Laboratory Operations,

an updated [Slot Machine Master List] Gaming Floor Slot Machine

Master List and an updated Restricted Area/Off Premises Slot

Machine Master List containing the information, required in

[subsection (b)] subsections (b) - (d).

[(f)] (h) Manufacturer [licensees], manufacturer designee

[licensees,] and supplier licensees[,] and educational

institutions, [Board-authorized] manufacturers, manufacturer

:&#N

[designee] designees and suppliers not licensed within this

Commonwealth and regulatory and law enforcement agencies [that]

authorized by the Board to possess slot machines under § 463a.1

(relating to possession of slot machines generally) shall file

with the Bureau of Gaming Laboratory Operations, [in writing or]

in an electronic format approved by the [Board] Bureau of Gaming

Laboratory Operations, a complete list of slot machines

possessed by the person. The list shall [be]:

(1) Be denoted as a Slot Machine Master List[,shall

(2) Be filed within 3 business days of the initial

receipt of slot machines [and contain].

(3) Contain the following information:

[(!)] (i) The date on which the list was

prepared.

[(2)] (ii) A description of each slot machine

[by] including:

[(i) Model and manufacturer's serial number,

(ii) Manufacturer and machine type, noting

cabinet type, or if it is a progressive or a wide area

progressive slot machine.]

(A) The manufacturer.

(B) The manufacturer's serial number.

(C) The slot machine model.

8

(D) The model type (reel or video).

(E) Whether or not the slot machine is a

progressive, and if it is, the type of progressive.

[(g)] (i) On the first Tuesday of each month following the

initial filing of a Slot Machine Master List, those persons

enumerated in subsection [(f)] (h) shall file with the Bureau of

Gaming Laboratory Operations, [in writing or] in an electronic

format approved by the [Board] Bureau of Gaming Laboratory

Operations, an updated Slot Machine Master List containing the

information, required in subsection [(f)] (h) .

COMMENTATORS WHO REQUESTED NOTICEOF THE FINAL-FORM REGULATION

FISCAL NOTE: 125-94

While § 5.1 (a) of the Regulatory Review Act only requires the Board to provide alist of the commentators who have requested additional information and a copy ofthe final-form regulation, the PGCB sends a copy of the preamble, RegulatoryAnalysis Form and the final-form regulation to all commentators. These copies aresent by mail or emailed to the commentator if they request electronic delivery. Forthis rulemaking, copies of these materials have been sent to the following:

Bryan P. Schroeder, Esquire wAssistant General CounselGreenwood Gaming and Entertainment, Inc.3331 Street Road, Suite 200Bensalem, PA 19020

Mark S. Stewart, EsquireOn behalf of Downs Racing, LPWolf Block LLP213 Market Street, 9th FloorPO Box 865Harrisburg, PA 17108

TRANSMITTAL SHEET FOR REGULATIONS SUBJECT TO THEREGULATORY REVIEW ACT

I.D. NUMBER: 125-94 : 4-v3a- o1SUBJECT: Subpart E. Chapters 461a and 463a

AGENCY: Pennsylvania Gaming Control Board'{PGCB)

X

TYPE OF REGULATION

Proposed Regulation

Final-Form Regulation

Final Regulation with Notice of Proposed Rulemaking Omitted

120-day Emergency Certification of the Attorney General

120-day Emergency Certification of the Governor

Delivery of Tolled Regulation

a. With Revisions b. Without Revisions

FILING OF REGULATION.' . --I Hoard (Pr

4.W1_

5, *//ai/di

SIGNATURE

U LG&*> ^ 1 / P w ^ v ^

DESIGNATION

^ TSenate Community, Economic

& Recreational DevelopmentSenator Jane M. Earll

U < ll(lCfJ lj 0 Senate Community, EconomicSenator Wayne D. Fontana

Representative £)ante Santoni, Jr.

(L£j^ House Gaming Oversight

& Recreational Development

House Gaming Oversight

Representative Curt Schroder

6.

Independent Regulatory ReviewCommission

Legislative Reference BureauyVFTWgliJJpAV