3772-9-02 Approval for use in 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

 

 

 

3772-9-02

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Approval for use in 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, 3772.31

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

The purpose of the change is to provide greater clarity to the casino operators in order to achieve compliance with respect to the use of Commission-approved electronic gaming equipment.

The existing appendix, which did not change in the amendment, was inadvertently not included in the Electronic Rule Filing process. In consultation with JCARR,the Commission has chosen to refile the entire rule, as amended, to include the appendix in order to correct the problem.

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 mostly provides for housekeeping changes that have developed as a result of Commission audits. One change of note is that the requirement that critical program storage in electronic gaming equipment be sealed by the Commission is removed from this rule and moved to Ohio Adm. Code 3772-9-09 and -10, as applicable, which are more suited to contain this requirement.

The existing appendix, which did not change in the amendment, was inadvertently not included in the Electronic Rule Filing process. In consultation with JCARR,the Commission has chosen to refile the entire rule, as amended, to include the appendix in order to correct the problem.

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:

No substantive changes have been made. The existing appendix, which did not change in the amendment, was inadvertently not included in the Electronic Rule Filing process. In consultation with JCARR,the Commission has chosen to refile the entire rule, as amended, to include the appendix in order to correct the problem.

12.  Five Year Review (FYR) Date: 7/4/2019

(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 changes in this rule are largely housekeeping that have developed as a result of Commission audits, in an effort to streamline and clarify the language. The only substantive change is the removal of the requirement that the critical program storage in electronic gaming equipment be verified and sealed by the Commission and its placement in rules 3772-9-09 and -10, as applicable. The Commission does not anticipate any negative economic impact or added cost of compliance to the

regulated community because the amendment does not impose any new restrictions. Rather, it clarifies existing language and more accurately reflects the Commission#s interpretation and expectation of the existing language of this rule.

The existing appendix, which did not change in the amendment, was inadvertently not included in the Electronic Rule Filing process. In consultation with JCARR,the Commission has chosen to refile the entire rule, as amended, to include the appendix in order to correct the problem.

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

This rule pertains to the approval of electronic gaming equipment used in casino facilities. 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