3772-9-08 Movement of electronic gaming equipment within a casino facility.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Casino Control Commission

Agency Name

 

Michelle Siba

Division                                                                  Contact

 

10 W. Broad St. 6th floor Columbus OH 43215-0000 614-387-0485

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

3772-9-08

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Movement  of  electronic  gaming  equipment  within  a  casino

facility.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3772.03

5.  Statute(s) the rule, as filed, amplifies or implements: 3772.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The purpose of the amendment is to remove an unnecessary and burdensome requirement. The amendment maintains a log requirement to ensure compliance, clarifying that all movements include installation and removal of equipment.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This amendment removes a five-day notification requirement the casino operators must provide when moving electronic gaming equipment within the casino floor, and places it in Ohio Adm. Code 3772-9-09, which will apply solely to when electronic gaming equipment is installed or removed. Presently, operators must provide this notification, in addition to keeping a log of all movements.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Not Applicable.

12.  Five Year Review (FYR) Date: 6/1/2019

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:

the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

N/A

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The amendments to Ohio Adm. Code 3772-9-08 include reorganization for the sake of clarity and the removal of a notification requirement that was unnecessary.

First, reorganization and clarification of existing language helps all users of the rule understand and apply the requirements. Additionally, the inclusion of the records retention requirement reiterates the existing rule at Ohio Adm. Code 3772-3-05(C) and also provides for better consistency with other sections.

The proposed changes include the removal of a notification requirement for the movement of electronic gaming equipment on the casino floor. It will no longer be necessary to notify the Commission five days before a proposed move of electronic gaming equipment on the gaming floor. This change represents a time savings to casino operators of at least five full days, in addition to the administrative costs cut with the elimination of this notification requirement.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

Pursuant to R.C. 3772.08, casino gaming shall only be conducted by licensed casino operators (governed by R.C. 3772.11, 3772.111, and Ohio Adm. Code 3772-4) or by a licensed management company (governed by R.C.

3772.11,3772.111, and Ohio Adm. Code 3772-4) retained by a licensed casino operator. Further, all electronic gaming equipment must be supplied by a licensed gaming-related vendor, pursuant to R.C. 3772.12, 3772.121 and Ohio Adm. Code 3772-6).

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No